American Commercial Law Series volume 3

Cover American Commercial Law Series volume 3
American Commercial Law Series volume 3
Alfred William Bays
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EXECUTION BY AGENT. An instrument ex- ecuted by an agent should be signed by the agent in the name of the principal. If signed by the agent in his own name he is liable thereon.
We know of course from the law of agency that one cannot bind another as his principal unless there is real or apparent authority. Assuming that there is such authority we will note the form in which the agent should execute the instrument in order to bind his principal and not himself personally. First, it is a rule of
... negotiable paper, that has been strictly adhered to, 63. Holzman v. Teague, 158 N. Y. Suppl. 211.
AMERICAN COMMERCIAL LAW. 69 that no person is bound upon negotiable paper except one who is named therein by his proper or assumed name. Again, there is no rule to prevent an agent binding himself even though he have authority to bind another. So that if the agent executes an instrument in his own name he personally is bound thereon and the principal is not bound. And this is true even though he describe himself as "Agent" or even "Agent of John Jones, " for it is considered that the words after his name are merely words of identification or description.


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