Bowman v. McBrayer

Opinion by

Judge Lindsay:

In the case of Yowell v. Dodd, et al., 3 Bush 581, the promise was by the “president and directors” of the corporation. The directors constituted the corporate representatives of the turnpike company, and when they spoke in their corporate capacity, the conclusion was clear that they meant to bind the corporation, and not themselves, and there was nothing in the body of the note to rebut that presumption.

In the note in this case, the use of the personal possessive “we,” rebuts the presumption arising from the subsequent use of the descriptive words, “president and…