Legal Opinion

Coveau v. Durand

Court of Appeals of Wisconsin

Decided October 25, 1988No. 88-0434Published

1Opinion of the CourtMyse, J.

Michael Durand appeals a judgment holding him personally liable for a dishonored corporate check. Durand argues that the trial court erred by refusing to admit and consider parol evidence. We conclude that when a check discloses the name of the party represented but is signed by an individual who failed to indicate that he signed the check in a representative capacity, the signer is entitled to present parol evidence to prove the parties understood that the signer would not be personally liable. Therefore, we reverse the judgment and remand this matter to the trial court so that it may…

2Cases cited8 opinions

  1. Griffin v. EllingerTexas Supreme Court · 1976
  2. Brown v. ThomasCourt of Appeals of Wisconsin · 1985
  3. Colonial Baking Co. of Des Moines v. DowieSupreme Court of Iowa · 1983
  4. Mjz Corp. v. Gulfstream First BankDistrict Court of Appeal of Florida · 1982
  5. J. P. Sivertson & Co. v. LolmaughAppellate Court of Illinois · 1978

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