Ellis v. Stone
New Mexico Supreme Court
Appeal from District Court, Koosevelt County; John T. McClure, Judge. Action by John Ellis and another, administrators of the estate of George Ellis, deceased, against Lula Stone. From a judgment for defendant, plaintiffs appeal. Addition of descriptive words to a signature does not change prima facie individual liability thereon. 2 C. J., Agency, sec. 338, p. 683; Mechem on Agency (2d ed.) secs. 1408, 1419; 1 Am. & Eng. Eney.
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Appeal from District Court, Koosevelt County; John T. McClure, Judge. Action by John Ellis and another, administrators of the estate of George Ellis, deceased, against Lula Stone. From a judgment for defendant, plaintiffs appeal. Addition of descriptive words to a signature does not change prima facie individual liability thereon. 2 C. J., Agency, sec. 338, p. 683; Mechem on Agency (2d ed.) secs. 1408, 1419; 1 Am. & Eng. Eney. L. (2d ed.) 1043; Peterson v. Homan, 44 Minn. 166. 20 Am. St. Bep. 564; Tilden v. Barnard, 43 Mich. 376, 38 Am. Bep. 197; Bendell v. Harriman, (Me.) 46 Am. St. Bep.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
This is an action brought by John Ellis and William I. Shriver, administrators of the estate of George Ellis, deceased, against Lula Stone, executrix of the estate of James P. Stone, deceased. The action is based upon a letter written by James P. Stone which plaintiffs, appellants here, assert constitutes a guaranty on the part of James P. S'tone to discharge and satisfy an indebtedness owing the Ellis estate by W. W. Humble; represented by a promissory note executed by said Hum-: ble in favor of George Ellis, deceased.
The evidence in behalf of appellants is…
2Cases cited15 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Avery v. DoughertyIndiana Supreme Court · 1885
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
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- Fraser v. State Savings BankNew Mexico Supreme Court · 1913
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