Leaphardt v. Sloan

Debt. The plaintiff declared that the defendant on, &c., at, &c., made his promissory note in writing, by which he promised to pay to the plaintiff, by the name of Jonathan Leaphat, the sum of 104 dollars and 50 cents, and then and there delivered the said note to the plaintiff, &c. General demurrer and judgment for the defendant.

If a person execute a written promise by a wrong name, he must be sued by that name. He is estopped from denying the name by which he executed the promise to be his true name. Wooster v. Lyons, Nov. term, 1838 (1). But if a promise, be made to a person by a wrong…