Caphart v. Dodd

• Decision Date: 23 June 1868
• Citation: Caphart v. Dodd, 66 Ky. 584 (Ky. Ct. App. 1868)
• Parties: Caphart v. Dodd, & c.
• Court: Kentucky Court of Appeals

66 Ky. 584

Caphart v. Dodd, & c.

Court of Appeals of Kentucky.

June 23, 1868

" Twelve months after date, the president, by the order of the board of the Hustonsville and Bradfordsville turnpike road company, promise to pay Mahaly Caphart three hundred and fifty dollars, with six per cent. intres from date this 30th November, 1865.

E. J DODD, Pres.,

JAS. J DRYE,

WM. R MCCAIN,

WM. SPRAGGINS,

M. P. DRYE,

JAMES YOWELL."

In a suit against the obligors in the above writing to make them individually liable, the court say: " Our conclusion, therefore, is, that, according to the terms of said writing, the parties intended to impose a personal liability on themselves for the debt, and not to bind the corporation."

APPEAL FROM MARION CIRCUIT COURT.

ROUNTREE & FOGLE and JOHN RODMAN, For Appellant,

CITED--

1 Marshall, 545; McBean vs. Morrison.

3 Marshall, 259; McCalla vs. Rigg.

1 B. Mon., 201; Nash vs. Roberts.

4 Metcalfe, 297; Whitney vs. Sudduth, & c.

1 B. Mon., 13; Com. Bank of New Orleans vs. Newport Manufacturing Company.

Session Acts 1857-8, secs. 1-4, 5, page 319.

A. J. JAMES, For Appellees.

OPINION

PETERS CHIEF JUSTICE.

This action was brought by appellant against appellees to make them personally responsible for the debt on the following writing:

" Twelve months after date, the president, by the order of the board of the Hustonsville and Bradfordsville turnpike road company, promise to pay Mahaly Caphart three hundred and fifty dollars, with six per cent. intres from date, this 30th November, 1865.

E. J. DODD, Pres.,

JAS. J. DRYE,

WM. R. MCCAIN,

WM. SPRAGGINS,

M. P. DRYE,

JAMES YOWELL."

To her petition a demurrer was sustained, and she seeks a reversal of the judgment.

The only question for determination is, whether the corporation named in the writing is bound, or whether those who signed it are personally liable.

This writing is different from the one sued on in the case of Yowell vs. Dodd, & c.; there the president and directors of the corporation promised to pay the debt; here the president, by the order of the board of directors of said corporation, promises, with the others who sign the instrument. The board of directors, as such, do not promise and the recitals in the writing imply that it, the board, had funds in the hands of the president to pay said debt; and said writing is rather an acceptance of the order of the board...