M'Bean v. Morrison
M'Bean v. Morrison
Opinion of the Court
delivered the opinion of the court.
Morrison sued M’Bean, in a petition and summons on the following note:
“559⅜⅜ . “Lexington, 9th Jiharch, 1814.
“On the the 8th of April next, 1 promise to pay James “Morrison or order, five hundred and fifty nine dollars ⅞⅝,
“for value received of Nicholas Smith, being an account “of his wages at the Madison Hemp and Flax Spinning “Company Manufactory, in Madison county.
“For the Madison Hemp and Flax Spinning Company,
“W. macbean. Prest”’
Macbean pleaded in there several pleas, that he had executed the said note as president of the Madison hemp and flax spinning company. To all of which pleas plaintiff demurred; and defendant joined in demurrer. The court sustained the demurrers, and there was verdict and judgment for plaintiff; from which defendant appealed. The question in the court below, as it is upon the assignment of error here, was, whether Macbean was individually bound by the said note to pay the amount thereof. If this were to be decided as matter of first impression, upon the tendt and obligatory effect of thé note, the court would feel considerable embarrassment. The obligatory part, “I promise to pay,” imports exclusively individual liability: The
Judgment must be affirmed with costs and damages.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.