GRIFFIN v. ELLINGER

No. B-5746.

538 S.W.2d 97 (1976)

Percy E. GRIFFIN, Petitioner, v. O. B. ELLINGER d/b/a Ellinger Paint and Drywall, Respondent.

Supreme Court of Texas.

June 9, 1976.


Attorney(s) appearing for the Case

Goggan & Cain, Thomas S. Goggan, Austin, for petitioner.

Mary Ellen Felps, Joel B. Mitchell, Austin, for respondent.


DOUGHTY, Justice.

The question presented by this case is whether a corporate officer who signs a check on a corporate account without designating the capacity in which he signs is personally liable as the drawer of the check. We hold that, under the circumstances of the present case, the corporate officer is personally liable, and we therefore affirm the judgment of the Court of Civil Appeals.

Respondent O. B. Ellinger...

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