Carre v. Seaman

Layton, C. J.,

delivering the opinion of the Court:

The plaintiff, in his first action, seeks to hold the defendant liable, although her endorsement disclosed that she was acting in a representative capacity.

The parties do not seem to be in material disagreement with respect to questions of substantive law, for it is not denied that, prior to the enactment of the Negotiable Instrument Law (Rev. Code 1935, c. 78 [Section 3125 et seq.]) an executor making or endorsing a bill or note became personally liable, except, perhaps, in exceptional cases, either upon the instrument itself, or in an action…