Evans v. Lilly & Co.
Evans v. Lilly & Co.
Opinion of the Court
delivered the opinion of the court.
This case, as made by the declaration, pleas, and proof, presents the question on liability of the members of a voluntary association for an obligation of the association, evidenced by a promissory note signed by the members; the signature being followed by certain abbreviations indicating the offices which they held in the association. That the members signing such a note are individually liable is thoroughly well settled. The case of Lawler v. Murphy, 58 Conn. 294, 20 Atl. 457, 8 L. R. A. 113, is precisely in point. That case holds that the individual members are liable for the- contracts of the association, without re
The point most earnestly pressed upon our attention is that a new trial should have been granted because of the alleged arbitrary action of the court in giving a peremptory instruction for ■appellee in the absence of counsel, and before opportunity was .given to present additional and important proof as to the corporate character of the association. We would unhesitatingly reverse for this reason if appellant on his motion for a new trial had made any satisfactory showing as to the charter and effect of the additional evidence. It was claimed that this evidence tended to show that the commandery had been incorporated; but the charter was not produced, nor was there any specific refer•ence to any legislative charter. It was clearly the duty of appellant to produce this evidence, that both the trial court and this court might-judge of its competency and effect. There was a total failure to comply with this well-settled rule, and we -cannot, therefore, yield to the contention.
Affirmed.
Reference
- Full Case Name
- Thomas J. Evans v. Lilly & Company
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- 1. Promissory Notes. Associations-. Individual liability of members signing notes. Names followed by words indicating official positions. Members of a voluntary association, signing a note given by the association, are individually liable thereon, regardless of their intentions respecting liability' or their belief as to the law relating thereto, although their signatures be followed by abbreviations indicating their offices in the association. 2. Appeals. Harmless error. Pleadings. Where the whole course of a trial clearly shows defendant’s liability, and that no other result could ever be reached, a judgment against defendant will not be reversed merely because some of defendant’s pleas were traversed on immaterial issues. 3. Same. Motion for new trial. Evidence warranting. Want of opportunity to introduce. Failure to present it on motion. Although a peremptory instruction for plaintiff was given in the absence of defendant’s counsel and before he had opportunity to introduce additional proof, the judgment will not be reversed on appeal, where defendant on his motion for a new trial failed to present the additional evidence which he would have offered.