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6 Sadler 550

Forcey v. Caldwell

Supreme Court of Pennsylvania

Decided May 16, 1887

Supreme Court of Pennsylvania · decided 1887-05-16

This was an action of assumpsit by J. A. Caldwell against Robert Mitchell and Thomas H. Eorcey, executors of James T. Leonard, deceased, upon the… Held: the individual note of the makers. Hayes v. Brubaker, 65 Ind. 27. The addition “Vestryman Grace Church” to each of the names attached to a note does not malm it anything ]mt the note of the individuals signing it, if it does not purport to bind the corporation. Tilden v. Barnard, 43 Mich. 376, 38 Am. Pep. 197, 5 N. W. 420.

Affirmed · Decided 1887-05-16

Pee Cubiam:

¶1The note in controversy clearly shows a personal liability on the part of the testator. That prima facie liability is in no manner disproved by all the parol evidence in the case. The court, therefore, committed no error in giving binding instructions to the jury to find in favor of the plaintiff below.

¶2Judgment affirmed.

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