Valley National Bank, Sunnymead v. Cook

OPINION

CORCORAN, Judge.

The issue raised in this appeal is whether an individual who signs a check without indicating her representative capacity is personally liable on the obligation evidenced by the check when the check has the name of the corporate principal printed on it. We adopt the minority rule and hold that the individual is not personally liable. J. White & R. Summers, Handbook of the Law Under the Uniform Commercial Code § 13-4 (2d ed. 1980).

On October 21, 1977, appellee J.M. Cook (Cook), the treasurer of Arizona Auto Auction and R.V. Center, Inc., (Arizona Auto Auction, Inc.)…