Western Grocer Co. v. Lackman

Citations

• 75 Kan. 34
• 88 P. 527
• 1907 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Notes — Signed by Agents — Parol Evidence. In an action by the payee of a promissory note against the makers, signed “The Kansas City & Olathe Electric Ry. Co., Wm. Lackman, President, D. B. Johnson, Secretary,” evidence is admissible to show that the note was the obligation of the company and not of Lackman and Johnson.</p> <p>2. -Instruction as to Intention of Agents in Signing. In an action on such a note, in the absence of any evidence of representations on the part of the individuals signing the note, it is not error for the court to confine its instructions to the intentions of the individuals in signing the note. What the payee understood from the face of the note when it was accepted is not material.</p> <p>3. - Corporation Authorized to Execute Notes — Personal . Liability of Agents. In such an action, when the corporation is authorized by law to execute notes and bonds, it is not incumbent upon the officers whose duty it is to' sign the corporation’s notes, in order to escape personal liability, to show that the corporation had authority to execute notes or that the directors had in fact authorized them to execute the note for the corporation.</p>