Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-09-06
LIST OF S u P R E N {
COURT DECISIONS

+. Z. Hubert. receiver, etc,
Plaintiffs in error, VS.. American Sure
ty company Of New York, defend
ant in error. Eddy county No.
2,318. rF
| Plaintiffs In error instituted this
action in the court below to recover
on a bond executed by Denning as
principal and the American Surety
company. Issues were joined and
the case was tried to jury which
returned a verdict in favor of de-
| PENDANT in error from which judg-
ment this appeal was prosecuted.
Judgment of the court below at
firmed.
Syllabus by the Court.
/. The treasurer of a business
corporation is not guilty of misap-
preparation or misapplying the
funds of the corporation II he pays
out such funds upon the order of
the officer authorized under the
bylaws to order the funds dis
bursed.
2. Instructions to the jury must
be considered as a whole, and IL the
entire charge presents the law OF
the case fairly to the jury, it is suf-
ficient.
opinion by Roberts, j.; Parker,
C. j., and Reynolds, j. concurrinS.
j. c. Mings, appellant, VS.. Sudie
Herring, ct AL, appellees. Eddy
county. No. 1883
This is an action in the court be-
low, to secure the payment of a
promissory note. The appellees in
tervened in the court below, setting
the facts that the real estate IN
question was community property.
owned by the said Hall and his
wife at the ii meof her death m
the year 1904; that interVenors
were the children of Hall and his
wife and as such, under chapter
So, laws 1901, were the owners IN
fee simple of three-eighths inter-
est in the land. The case was tried
in the court below, on the theory
that the surviving husband had the
power to sell community property
for the purpose of paying the debts
of the community without taking
out letters of administration. The
court found in effect that there
were no community debts and rem
dered judgment foreclosing the
mortgage upon the five-eighths in
terest in the real estate and re-
fused foreclosure as to the inter-
ests of the children, from which
Judgment this appeal is prosecuted.
Judgment of the court below, az
firmed.
Syllabus by the Court.
l. Chapter So Laws 1901, regu-
lating property rights of husband
and wife, not having conferred
power on the surviving husband to
sell community real estate to pay
community debts, no such power
exists.
2. statutes in force in this Juris-
diction, regulating property rights
of husband and wife, were pat
termed after the civil law of Spain
and Mexico and the court will look
to the civil law for the purpose of
interpreting ard expounding such
statutes, but the provisions of the
civil law on the subject, not incor-
porated into the statutes, are not
in force in this jurisdiction.
Opinion by Roberts, j.. parker.
C. j., and Reynolds, j., concurring.
The American Trust and Savings
bank, etc, appellee, VS.. salome
Martinez, appellant. No. 1896.
This is an action upon a promis-
sorry note given for the purchase Of
shares of stock of the capital stock
in a corporation.
Judgment was rendered for APP
pellee from which this appeal Is
Judgment of the court below, af-
firmed.
Syllabus by the Court. >.
Sections 939 and $40, Code 1915.
and held not to pro-
hibit corporation from taking
note upon subscrip-
ton contract for its capital stock,
and that such note is valid and
upon the maker.
Opinion by Parker, C, j.; Roberts
and Reynolds, j. j., concurring,