EX PARTE COUSSEMENT

80-662.

412 So.2d 783 (1982)

Ex parte S. H. COUSSEMENT. Re Virginia K. KUHNS as Executrix of the Estate of Joseph H. Kuhns d/b/a Kuhns Engineering Service v. S. H. COUSSEMENT.

Supreme Court of Alabama.

April 9, 1982.


Attorney(s) appearing for the Case

Alberta Murphy of Murphy & Murphy, Tuscaloosa, for petitioner.

Isaac P. Espy of Tucker, Gray & Espy, Tuscaloosa, for respondent.


ADAMS, Justice.

We granted a writ of certiorari to the Court of Civil Appeals to review its decision holding that S. H. Coussement (defendant) failed to carry the burden of proof placed on one who seeks to avoid personal liability on a note signed in a representative capacity for the payor, but without indication of such representative capacity. Defendant, president of Replex Corporation, signed a note in the amount of $3,844.50, payable to Kuhns Engineering Service...

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