Wear v. Farmers & Merchants Bank of Las Cruces

•OPINION

DIMOND, Senior Justice.

This is an action on a promissory note. The note, made in 1968, is held by the Farmers and Merchants Bank of Las Cruc-es, New Mexico; its maker is Gordon Wear. The bank sued Wear in 1974 for the unpaid balance of the note, $65,842.70, plus interest, costs and attorney’s fees. Wear denied liability, but was found liable after a trial by the court without a jury in April, 1977. Judgment was entered for the bank on December 7, 1977, in the amount of $131,-258.80. 1

In 1968, Wear was an agent for the Century Life Insurance Company (hereinafter “Century”), a Texas…