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ROSEN v. WESTINGHOUSE ELECTRIC SUPPLY COMPANY

No. 15634.

240 F.2d 488 (1957)

Hyman ROSEN and Harry Grossman, Appellants, v. WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

January 24, 1957.

Attorney(s) appearing for the Case

Eugene L. Heck, Minneapolis, Minn. (Geo. N. Guttmann and Samuel D. Finkelstein, Minneapolis, Minn., were with him on the brief), for appellants.

M. L. Culhane, Minneapolis, Minn. (M. E. Culhane and James E. Culhane, Minneapolis, Minn., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and VAN OOSTERHOUT and WHITTAKER, Circuit Judges.

GARDNER, Chief Judge.

Appellee brought this action against appellants to recover on a promissory note which on its face appeared to be signed by Northtown Furniture Company, Hyman Rosen and Harry Grossman. The complaint was in conventional form. In their answer defendants claim that the note was solely an obligation of the maker, Northtown Furniture Company, that they signed the note on behalf of the corporation only in their capacities as officers of the corporation...

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