Lonnon v. Batchman

Citations

• 103 Kan. 266
• 173 P. 415
• 1918 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Signatures as Makers — Liability as Makers. A promissory note was signed as follows:</p> <p>“F. N. Batchman, W. L. Hiss, G. W. Hart, Members Board of • y Directors Sunflower H. N. McGill, Lead & Zinc Co.” Wm. Gagleman, ^</p> <p>In an action by the payee, the answer denied that the parties executed the note individually or were personally liable thereon, and alleged that it was the obligation of the Sunflower Lead & Zinc Company. On the trial the court permitted them to introduce oral evidence-to show that their intention was to sign the note for the corporation, and not for themselves as individuals, and on this evidence rendered' judgment against the payee. Held, following Bank v. Jelte, 101 Kan. 537, 167 Pac. 1067, that it was error to receive the testimony because, under the negotiable-instruments law (Gen. Stat. 1915, § 6590), “If a person placing his name on a promissory note do not clearly indicate by appropriate words an intention to be bound in a special capacity, and sign as maker, his liability to the holder is that of maker. . . .” (Bank v. Jelte, supra, syl. ¶ 1.)</p>