BILLS AND NOTES - SIGNING IN REPRESENTATIVE CAPACITY - PERSONAL LIABILITY

Ellmann, Erwin B.

Journal: Michigan Law Review

Volume: 36

First Page: 655

Year: 1938

Bluebook Citation: 36 MICH. L. REV. 655 (1938)

Author: Erwin B. Ellmann: all 8 publications


Abstract

Defendant, while acting as trustee of the Catholic Diocese of Cleveland, an unincorporated religious association, executed to the plaintiff negotiable promissory notes in the following forms: (1) "Ninety days after date, for value received for The Calvary Cemetery . . . we promise to pay . . . [Signed] Joseph Schrembs, Bishop of Cleveland. Calvary Cemetery Association, By: J. T. B., Treas." (2) "Six months after date, for value received for Sacred Heart of Mary Church . . . we promise to pay . . . [Signed] Councilmen: A. S.; L. F.; V. J. H.; H. S. Z.; Joseph Schrembs, Bishop of Cleveland; F. T. K., Pastor." Held, defendant signed in a representative capacity and is not personally liable on either note, since Section 20 of the Negotiable Instruments Law has changed the common-law rules. George D. Harter Bank v. Schrembs, 55 Ohio App. 116, 9 N. E. (2d) 154 (1936).

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