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Sayre v. Nichols

A. G. SAYRE v. C. P. NICHOLS

Sayre v. Nichols, 5 Cal. 487 (1855)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1855
Judges
Heydenfeldt
Citations
5 Cal. 487
Cited by 4
Syllabus
An agent who signs his own name, instead of that of his principal, when he intends to bind the latter, renders himself liable. The word “ agent,” appended to an agent’s name, has always been held as merely descriptio persona:, and in no respect affects his liability.
Summary
Appeal from the District Court of the Sixth Judicial District, Sacramento County. The action was brought upon a protested bill of exchange, of which the following is a copy: - ADAMS & CO.’S EXPRESS--§3,000. and ' No. 2123 - BANKING HOUSE. -- Mormon Island, February 21, 1855. Pay to A. G. Sayre, or order, Three Thousand Dollars—value received—and charge the same to account of this office. (Signed,) C. P. NICHOLS, Agent, Per Geo. W. Corey. Messrs. Adams & Co., Sacramento. On the trial, plaintiff, in order to maintain his action, offered the bill in evidence, which the Court excluded, and on motion of defendant, granted a nonsuit. Plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Heydenfeldt

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Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

The rule has long and continuously been settled, that an agent who signs his own name, instead of that of his principal, when he intends to bind the latter, becomes himself liable, and the contract is considered as his own. In such cases, the word “ agent,” appended to his name, has always been held as merely descriptio persona, and in no respect affects his liability.

The Court erred in excluding from the jury the bill on draft which was offered in evidence by the plaintiff, and the judgment is therefore reversed and the cause remanded.

How later courts describe this case

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Cited by 4 cases

View all citing references →
1857–1858: 11887–1888: 11987–1988: 12007–2008: 118572026peak 1857 · 1

Relies on it most ⓘ

  1. Hobson v. Hassett18 P. 320 (Cal. 1888)
  2. Sayre v. Nichols7 Cal. 535 (1857)
  3. August Entertainment, Inc. v. Philadelphia Indemnity Insurance52 Cal. Rptr. 3d 908 (2007)
  4. Sebastian International, Inc. v. Peck195 Cal. App. 3d 803 (1987)

Most recent

  1. August Entertainment, Inc. v. Philadelphia Indemnity Insurance52 Cal. Rptr. 3d 908 (2007)
  2. Sebastian International, Inc. v. Peck195 Cal. App. 3d 803 (1987)
  3. Hobson v. Hassett18 P. 320 (Cal. 1888)
  4. Sayre v. Nichols7 Cal. 535 (1857)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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