Brown v. Owen Litho Service, Inc.

SULLIVAN, Judge.

James J. Brown appeals from an adverse judgment entered after a bench trial in which he was held personally liable to Owen Litho Service, Inc. (Owen Litho) for what Brown claims to be the debts of J. J. Brown Publishing, Inc. (the Corporation). Brown contends that he incurred the debts while acting as officer and agent for the Corporation and therefore should be absolved from personal liability. The central issue on appeal is whether Brown revealed the capacity in which he contracted, i. e., whether Brown was acting on behalf of an undisclosed principal.

The defense of agency…