Richmond Locomotive & Machine Works v. Moragne
Supreme Court of Alabama
Appeal from Gadsden City Court. Tried before Hon. John H. Disqtje. Richmond Locomotive and Machine Works, a corporation, sued J. M. Moragne, W. B. Beeson and C. W. Whorton on two promissory notes, one of. which is as follows: $338.79. August 5th, 1890. Six months after date we promise to pay to Richmond Locomotive and Machine Works, or order, three hundred and thirty-eight, and 79-100 dollars, negotiable and payable at First National Bank, Gadsden, Ala., withont offset, for…
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Appeal from Gadsden City Court. Tried before Hon. John H. Disqtje. Richmond Locomotive and Machine Works, a corporation, sued J. M. Moragne, W. B. Beeson and C. W. Whorton on two promissory notes, one of. which is as follows: $338.79. August 5th, 1890. Six months after date we promise to pay to Richmond Locomotive and Machine Works, or order, three hundred and thirty-eight, and 79-100 dollars, negotiable and payable at First National Bank, Gadsden, Ala., withont offset, for value received. This note having been given the said Richmond Locomotive and Machine Works as per contract, in part,…
1Opinion of the CourtMcCLELLAN, J.
If an agent, in the execution of a promissory note, disclose his principal, make it appear on the face of the paper that it is the contract of the principal, and sign it as agent, of course the principal is bound, the undertaking being within the agency, and the agent is not. On the other hand, if a principal is not disclosed on the face of the paper, and the party signing describes himself as agent, trustee, or the like, without more, it is the obligation alone of the party whose name is set to the paper, the superadded word or words being mere descriptio personae to. be disregarded as…
2Cases cited6 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Collins v. HammockSupreme Court of Alabama · 1877
- Baker v. GregorySupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lee v. YES of Russellville, Inc.Supreme Court of Alabama · 2000
- Little v. People's BankSupreme Court of Alabama · 1923
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Briel v. Exchange Nat. BankSupreme Court of Alabama · 1911
- Hunter v. Austin CompanyCourt of Civil Appeals of Alabama · 1976
8 more not listed; retrieve them via the Exa API.