Legal Opinion

Griffin v. Ellinger

Texas Supreme Court

Decided June 9, 1976No. B-5746PublishedCited by 35 opinions

1Opinion of the Court

DOUGHTY, Justice.

The question presented by this case is whether a corporate officer who signs a check on a corporate account without designating the capacity in which he signs is personally liable as the drawer of the check. We hold that, under the circumstances of the present case, the corporate officer is personally liable, and we therefore affirm the judgment of the Court of Civil Appeals.

Respondent O. B. Ellinger, doing business as Ellinger Paint and Drywall, sued Percy Griffin on three drafts signed by Griffin and drawn on the account of Greenway Building Company at the Northeast Bank of…

2Cases cited3 opinions

  1. Seale v. NicholsTexas Supreme Court · 1974
  2. Pollin v. Mindy Mfg. Co.Superior Court of Pennsylvania · 1967
  3. Griffin v. EllingerCourt of Appeals of Texas · 1975

3Cited by35 opinions

  1. Colonial Baking Co. of Des Moines v. DowieSupreme Court of Iowa · 1983
  2. Lassiter v. Rotogravure Committee, Inc., Texas Court of Appeals, 5th District (Dallas)1987
  3. Wolf v. Little John Corp. of LiberiaCourt of Appeals of Texas · 1979
  4. NCL Studs, Inc. v. Jandl, Texas Court of Appeals, 1st District (Houston)1990
  5. Byrd v. Southwest Multi-Copy, Inc.Court of Appeals of Texas · 1985

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