State Bank of Commerce v. Western Union Telegraph Co.

Citations

• 19 N.M. 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The addressee of a telegram may maintain an action in tort, against a telegraph company, for negligently delivering a forged message to him, which he, in good faith, and without negligence, acts upon to his damage.</p> <p>P. 218</p> <p>2. It is not the duty of a telegraph company to investigate and satisfy itself of the identity of the person who delivers to it a message for transmission. All that is required oi it is the exercise of reasonable care in the receipt and transmission thereof. P. 219</p> <p>3. In the absence of facts or circumstances which would suggest or arouse suspicion in the mind of a person of ordinary caution of false impersonation, or of want of authority, the exercise of reasonable care by a telegraph operator to receive messages from those only who have authority to send them, does not require him to investigate the identity or authority of those who present them.</p> <p>P. 220'</p> <p>4.The rule is, that where the plaintiff proves loss, without negligence on his part, hy acting on a message delivered to him hy the company as coming from, ’ but not in fact sent by, one in whose name it is signed, he makes a PRIMA FACIE CASE, and the duty devolves upon the company of rebutting it.</p> <p>P. 220</p> <p>5. Where a party attempts to demur and plead to the merits at the same time and to the same pleading, he waives the demurrer.</p> <p>P. 221</p> <p>6. An objection to the reception of any evidence on the ground that the complaint fails to state facts sufficient to constitute a cause of action, should definitely point out wherein the complaint so fails, in order to enable the trial court to intelligently rule upon the question and to show the opposite party the point of the objection. And unless such objection is specific it will be unavailing on appeal.</p> <p>P. 222‘</p> <p>7. Where a complaint is first attacked in the appellate-court, upon the ground that it does not state facts sufficient to constitute a cause