Foster v. Featherston

On Rehearing.

FOSTER, Justice.

Our cases had, prior to the adoption of the Negotiable Instruments Act and section 9048, Code, as a part of it, held that when an agent, guardian, executor, or administrator executes a note which on its face purports only to bind the principal, ward, or estate, but fails to do so, for want of authority, the agent is himself personally liable as if he were named as principal. Whiteside v. Jennings, 19 Ala. 784; McCalley v. Wilburn, 77 Ala. 549, 552; Ware v. Morgan, 67 Ala. 461, 468; Steele v. Steele’s Adm’r, 64 Ala. 438, 38 Am. Rep. 15; Vanderveer v. Ware, 65 Ala.…