Horace Gray, Hitchcock v. Buchanan — Opinion of the Court
“ An instrument bearing on its face all these signs of being the contract of the principal cannot be held to bind the agents personally. Sayre v. Nichols, 7 Cal. 535; Carpenter v. Farnsworth, 106 Mass. 561, and cases there cited.The allegation in the declaration, that the defendants made 'their' bill of exchange, is inconsistent with the terms of the writing sued on and made part of the record, and is not admitted by the demurrer. Dillon v. Barnard, 21 Wall 430; Binz v. Tyler, 79 Ill. 248. ”
