Titus v. Kyle ( 1859 )

By the Court.

Held:

1. That the makers of the note are, by its terms, liable individually.

2. That no fraud or mistake, in the execution of the instrument, being averred by the makers, they will not be permitted to set up an intention on their part not to bind themselves individually, but only in their representative capacity as directors, such intention being differentfrom the legal import of the writing itself, on its face.

Motion overruled.