Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-09-23
LIST OF S U P R EN- {
COURT DECISIONS

The following decisions have
been announced by the supreme
court at Santa Fe:
Rafael Garcia, etc, ct al VS.. Sc
cundina Silva. This is SUIT 10
foreclose a deed of trust securing
q promissory note executed in l9oo'
Two defenses were interposed, pay
ment. and statute of limitations
BY reply the plaintiff plead an ac-
acknowledgement of the Indebtedness
in writing within the six years. ne
trial court made findings or tact
and stated conclusions of law ana
entered Judgment for appellee fore
closing the mortgage, from Whlcn
this appeal is prosecuted.
Judgment of the court below, al
firmed.
Syllabus.
An appellant, who has taken IL,
exceptions to findings of TACT anu
conclusions of law, in the trlal
culrt and who failed to, in any ap-
propriate manner, direct the atteF'
lion of the trial court to his theory
of the facts and the law, cailhot'
on appeal. challenge the correct,
ness of the findings of facts ana
conclusions of law. Section ."
chapter 40, Laws 1917, dispense
with formal exceptions, but IL does
not relieve a party Of the neceS.
sitv of directing the attention OF
the trial court, in some appropriate
manner to the claimed errors
which it is making, and seeking
tho correction there in the first in
stance. no.,.or
opinion by Roberts, j., Parker
C. j., and Holloman, D. j., concur
ring,
Herbery w. Smith, ct al. VS.. New
York Life Insurance company ap-
pellant, Santa Fe county. Inns -
a suit on an insurance pohcy WhlCi,
contained the provision that shouiu
the insured become permanently
disabled during the life OF the
policv, the company upon satlstac-
Tory proof to that effect, would pay
him annually, so long as such DIS
ability continued. in cash, one
tenth of the face value OF the poilcy
and during such time the insured
should not be required to pay the
annual premium provided Tor. INC
nolicy also contained the usua'
cash surrender value provisions,
and provided for a loan at a stated
interest thereon.
Several other provisions were
considered. as well as the mater
of the policy marked Elapsed tor
non payment of the February Zt'
1916, premium.
After hearing evidence the court
made findings of fact ana stated
conclusions of law and rendered
Judgment requiring the company
to continue the policy in fun force
and effect. and to pay the insured
annually the sum of $3.50 so long as
| the disability continued. 10 re-
wise this judgment the appeal !,
In osecutad. Judgment Of the court
below was reversed, case remand
ed.
Syllabus.
/. The principal is responsible
fer the unauthorized acts OF INT
agent, where the conduct of the
principal justifies the party dealing
with the agent in believing tina
such agent was acting within am
not in excess of the authority con
ferred upon him.
9. Where the soliciting agent o
q life insurance company had, a
lie request of the insured, writer
to the general office of the com
nany upon three or four OCCASION
asking as to the same amount ow
ing by the insured and upon re
ceiving a reply had accepted tn
money from the insured in pay
mpnt of such Indebtedness and pre-
miums and forwarded the same t
the company. which was accepte'
and the premium receipt sent D.
the general office direct to the IN
sured. but such agent had neve
undertaken to extend the time 10
paying a premium or any indebted
/ ness due the company--these fact
did not authorize the insured I
believe that the agent had authorit
to waive prompt payment OF pre-
miums and to extend the time TO
paving the e.s,,,tonf.tsfss4
9. .-A-xxaixer--is the intfnjt8ni
4 abandoAfe stsaH lalia6Sxshhent 9
la known right.