Ballou v. Talbot
Massachusetts Supreme Judicial Court
The declaration was “in a plea of the case, for that the said Talbot, at, &c., on, &c., by his note of that date, by him subscribed for value received, promised the plaintiff to pay him, or his order, 380 dollars on demand with interest,” &c. Trial on the general issue, in May last, before Jackson, J., at Taunton. The note produced was signed by the defendant, and, after his name, were added the words “ agent for David Perry.”
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The declaration was “in a plea of the case, for that the said Talbot, at, &c., on, &c., by his note of that date, by him subscribed for value received, promised the plaintiff to pay him, or his order, 380 dollars on demand with interest,” &c. Trial on the general issue, in May last, before Jackson, J., at Taunton. The note produced was signed by the defendant, and, after his name, were added the words “ agent for David Perry.” The defendant objected that this evidence did not comport with the declaration. The plaintiff offered to prove, that the defendant was not authorized to make the note,…
1Opinion of the CourtParker, C. J.
The question in this case is not whether the de-, fendant is liable for having undertaken to make the promise for Perry, but whether the note declared on is the note of the defendant.
It is obvious, from the signature, that it was neither given nor received as the defendant’s note. It is found * by the [*463 J jury, that he had no authority to sign it for Perry ; but the legal inference from this fact is, not that it became his promise direct ly, but that he is answerable in damages for acting without authority. What is stated in the case of Long vs. Colburn, as an intimation of the Court, was…
2Cited by53 opinions
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