Nichols v. Seale

493 S.W.2d 589 (1973)

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Nature of the Case

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Facts

P sued D for personal liability on a note. P sued D 'individually and doing business as The Fashion Beauty Salon.' D denied that he signed the note in question in his individual capacity and alleging that he signed on behalf of a corporation, Mr. Carls Fashion, Inc. P moved for summary judgment. D responded with an affidavit stating that he was President of Mr. Carls Fashion, Inc., doing business as The Fashion Beauty Salon at 2115 Sherry Lane, Dallas, Texas, from the date of its incorporation. D also stated he signed the promissory note in the capacity of an officer of such corporation and in behalf of such corporation and not in his personal capacity. The note does not show that D 'signed in a representative capacity,' because it does not describe him as a corporate officer or agent or use any other language, such as 'by,' indicating that he was acting for someone other than himself. Neither does it 'name the person represented' unless 'The Fashion Beauty Salon' can be taken as naming the corporation 'Mr. Carls Fashion, Inc.' P’s motion was granted, and D appealed.