Hayden v. Speakman
New Mexico Supreme Court
Appeal from District Court, Curry County; G. A. Richardson, Judge. Action by Kid Speakman against John S. Hayden and others. From judgment for plaintiff, defendants appeal. Hayden was not acting as'agent ofiBábler in'making the loan. Jones on Evid.
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Appeal from District Court, Curry County; G. A. Richardson, Judge. Action by Kid Speakman against John S. Hayden and others. From judgment for plaintiff, defendants appeal. Hayden was not acting as'agent ofiBábler in'making the loan. Jones on Evid. (2d Ed.), sec. 255.- If Hayden be found to be the agent he was not acting within the scope of his authority in the agreement to release. .Tappan v. Horseman, 18 la. 499; Union Trust Co. v. MfeKeon, 57 Atl. 109; Fortune v. Stockton, 182 111. 454; Church Assn. v. Walton, 114 Mich. 677; Bhodes v. Beichee, 36 Oreg. 141; Bank of University v. Tuck, 101'…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, District Judge
(after stating the facts as above.)' — The trial court found as a fact, among other findings:
“That John S. Hayden, the mortgagee named •in the $1,500 mortgage, entered into a verbal ■agreement relative to the releasing from the lien of said mortgage certain blocks in said addition to Clovis, covered by said mortgage, in case they were sold and pro rata payments made, as alleged in plaintiff’s complaint.”
There is substantial evidence disclosed in the record to support this finding of fact of the trial court, and this court will therefore not…
2Cases cited6 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Henderson v. PilgrimTexas Supreme Court · 1858
- Decker v. . BoiceNew York Court of Appeals · 1880
- Executors of Swartz v. LeistOhio Supreme Court · 1862
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
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- Anderson v. BeadleNew Mexico Supreme Court · 1931
- Union Bank & Trust Co. v. LynnMontana Supreme Court · 1925
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