Means v. Swormstedt
Indiana Supreme Court
APPEAL from the Jefferson Circuit Court. Complaint by the appellants against the appellee, in the usual form, on a promissory note, of which the following is a copy:— “$483.00 Madison, Ind., March 18th, 1868. Ninety days after date, we promise to pay to the order of Means, Kyle & Co., four hundred and eighty-three dollars, without any relief from valuation or appraisement laws. Value received. Payable at the Nat’l Branch Bank, Madison, Ind. (Signed) ¥m.
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APPEAL from the Jefferson Circuit Court. Complaint by the appellants against the appellee, in the usual form, on a promissory note, of which the following is a copy:— “$483.00 Madison, Ind., March 18th, 1868. Ninety days after date, we promise to pay to the order of Means, Kyle & Co., four hundred and eighty-three dollars, without any relief from valuation or appraisement laws. Value received. Payable at the Nat’l Branch Bank, Madison, Ind. (Signed) ¥m. B. Swormstedt, Sec’y.” On the lower left hand corner was an impression of a seal, embossed upon the paper of the note, bearing the .words,…
1Opinion of the Court
.Ray, J.
In Hovey v. Magill, 2 Conn. 680, where the defendant, being the agent of a corporation, gave a note, “I promise,” &c., and signed it,“A. B., agent of-Company,” Swift, C. J., said, “when an agent, duly authorized, subscribes an engagement, in such manner as to manifest an intent not to bind himself, but to bind the principal; and when, by his subscription, he has actually bound the principal; then it is clear, that the contract cannot be binding on him personally. It will be agreed that no precise form of words is required to be used in the signature; that every word must have an…
2Cases cited4 opinions
- Hovey v. MagillSupreme Court of Connecticut · 1818
- Mears v. GrahamIndiana Supreme Court · 1846
- Potts v. HendersonIndiana Supreme Court · 1850
- M'Clure v. BennettIndiana Supreme Court · 1822
3Cited by23 opinions
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
- Hays v. CrutcherIndiana Supreme Court · 1876
- Johnson v. GibsonIndiana Supreme Court · 1881
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
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