Rotuba Extruders, Inc. v. Ceppos

OPINION OF THE COURT

Fuchsberg, J.

This appeal, in an action between the immediate parties to a series of negotiable instruments, calls upon us to determine what measure of proof is required to free from personal liability an authorized representative who signs his own name to a series of negotiable instruments that name the principal represented but do not show that the representative signed in a representative capacity. The issue falls squarely within section 3-403 (subd [2], par [b]) of the New York Uniform Commercial Code.

Pursuant to CPLR 3213, plaintiff, the Rotuba Extruders, Inc.,…