| Ind. | Jun 6, 1857
Action by Boyd against Crum and others, on a promissory note.
The defendants answered that at the time the note was given, they were agents for a railroad company; that the plaintiff executed to said company a deed, conveying to the corporation the right of way for the road, through the plaintiff’s land; that the making of said conveyance was the only consideration for the note; that the plaintiff well knew at the time, that the defendants had no interest in the transaction except as. agents of the company; and that it was understood that they were not to be personally liable on the note.
To this answer a demurrer was sustained, and judgment rendered for the amount of the note and interest — from which the defendants appeal.
An agent who binds himself personally to pay, wall be liable, although the consideration may move to his principal.
The judgment is affirmed, with 7 per cent, damages and costs.