Lucius Quintus Cincinnatus Lamar

“ In that case, it became indispensable to resort to extrinsic evidence to remove the doubt.' The reasoning of the court in this last case leads irresistibly to the conclusion that, had the check under consideration been signed by Paton with the word 'cashier' appended, there would then have been no ambiguity in it, but it would have been clearly and unequivocally the check of the bank. And in this view the case seems to be not necessarily an authority in favor of the plaintiffs in error, but rather an authority against them, and in favor of the defendant in error. ”

“ But in section 416 the rule laid down would seem to be in favor of the contention of the defendant in error for it is there said: 'Where a note is payable to a corporation by its corporate name, and is then indorsed by an authorized agent or official, with the suffix of his ministerial position, it will be regarded that he acts for his principal, who is disclosed on the paper as the payee, and who therefore is the only person who can transfer the legal title;' citing Bank v. ”

“ Bank, 19 N. Y. 312, and authorities cited in Story, Ag. § 154. In 1 Pars. Notes & B. 92, it is said: 'If the agent sign the note with his own name alone, and there is nothing on the face of the note to show that he was acting as agent, he will be personally liable on the note, and the principal will not be liable. ”