Small v. Elliott

Citations

• 12 S.D. 570
• 82 N.W. 92
• 1900 S.D. LEXIS 76

Syllabus

<p>1. Jn an action on. a guaranty, in which defendant’s signature is followed by the letters “Ptparol evidence is admissible, as between the oi’iginal parties, to explain the character or capacity in which he affixed his signature.</p> <p>2. An individual who signs a guaranty as president of a bank cannot escape personal liability without showing his principal’s power to execute guaranties and his authority to so act for his princpal in signing the guaranty.</p>