Traynham v. Jackson
Texas Supreme Court
Appeal from Washington. Suit by appellee against appellant and others, in their individual capacity, upon a note of the following purport: “ Twelve months after date, we, the trustees of Chappell “ Hill College, promise to pay T. J. Jackson or order, three “ hundred dollars.”
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Appeal from Washington. Suit by appellee against appellant and others, in their individual capacity, upon a note of the following purport: “ Twelve months after date, we, the trustees of Chappell “ Hill College, promise to pay T. J. Jackson or order, three “ hundred dollars.” (Signed by eight persons.) Four of the defendants pleaded that Chappell Hill College is, and was at the date of the note, a body corporate and politic, capable of contracting, suing and being sued ; that defendants, at the date of said note, together with the other defendants, were trustees of said college, and as such…
1Opinion of the Court
Hemphill, Ch. J.
Prima facie the defendants were personally liable. (9 Johns. 334 ; 19 Wend. 40.) The addition of trustees might be taken as merely descriptio personae.
The only question is, whether they could be permitted to prove that they were agents of the corporation, acting within the limits of their authority, and that this was known to the plaintiff at the time of the contract. And this seems, upon authority, to be beyond any doubt. Whether the act be done in the name of the principal, or in the name of the agent acting for the principal, would seem, in reason, to be quite immaterial.…
2Cases cited4 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Taft v. BrewsterNew York Supreme Court · 1812
3Cited by16 opinions
- McFarland v. ShawTexas Commission of Appeals · 1932
- Connally v. W. H. Lyons & Co.Texas Supreme Court · 1891
- Southern Pacific Co. v. Von Schmidt Dredge Co.California Supreme Court · 1897
- Wells v. MacKay Telegraph-Cable Co.Court of Appeals of Texas · 1921
- Marx & Blum v. Luling Co-Operative Ass'nCourt of Appeals of Texas · 1897
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