BILLS AND NOTES - SIGNING IN REPRESENTATIVE CAPACITY - PERSONAL LIABILITY

Authors

Erwin B. Ellmann, University of Michigan Law SchoolFollow

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).

Recommended Citation

Erwin B. Ellmann, BILLS AND NOTES - SIGNING IN REPRESENTATIVE CAPACITY - PERSONAL LIABILITY, 36 Mich. L. Rev. 655 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss4/10