David Josiah Brewer

“ Whatever obligations may have been assumed by the original contract, the fact that the plaintiff knew that the contemplation of the purchasing parties was a limited liability company, and that on the delivery of the machinery it accepted the notes of such company, is evidence strong, if not convincing, that its acceptance of such notes was not through a mistake, but from a recognition of the understanding between the parties at the time of the original contract. ”

“ They present the proposition that the court erred in finding that the notes of the limited liability company of October 20, 1884, were accepted as payment and satisfaction of the original liability under the contract. Here we face the proposition that we are not triers of fact ”

“ Further than that, the original contract upon its face suggested corporate, rather than personal, liability. The signatures were: 'Latrobe Milling Company. P. H. Soxman, Pres't. H. C. Best, Sec'y. D. J. Soxman, Treas.' While, if there were no corporation, such signatures might impose personal liability, yet the purport and notice of such signatures was corporate, and not individual, liability. ”