Hypes v. Griffin

Citations

• 89 Ill. 134

Syllabus

<p>1. Contract—as to personal liability of parties signing. A promissory note reading: “On the 9th of October, 1867, we, the trustees of the Methodist Episcopal Church in Lebanon, promise to pay C D, or to his order,” $2000, “ with interest,” etc., and signed and sealed with hands and seals of certain persons, without any official designation to their names, is the individual note of the parties signing it * </p> <p>2. Parol evidence—to show whether maker of note is personally bound. Parol evidence can not be admitted to exonerate an agent or trustees of a religious society who have entered into a written contract in which he or they appear as principal or principals, even though it be shown that the payee had notice of the agency at the time the contract was executed.</p> <p>3. Where a note shows upon its face an absolute undertaking by the parties executing it to pay a sum of money by them, it can not be shown by parol that they were in no event to incur any personal liability, and were only acting for and on behalf of another.</p> <p>4. Same—when principal or agent is liable on contract. But, it seems, although an agent may contract in his own name, still, in a‘ suit against the alleged principal, it is competent to show by parol the real facts, and that the contract was made on behalf of the principal, who also may be charged. In such case the promisee may bring his action against either party.</p> <p>5. It also seems to be settled, where a party signs his name as cashier or agent for a banking, railroad or other corporation in drawing drafts and bills or in accepting drafts or other evidences of indebtedness, in its ordinary business, if it appears it was the obligation of the corporation, and the cashier or agent had authority to bind it, he w.ill not be personally liable, and the facts may be shown by extrinsic evidence. But this rule does not apply to a case where the makers of a note contract in their own names, on behalf of a corporation not dealing in neg