46 Neb. 258 | Neb. | 1895
This was an action of foreclosure wherein, after the mortgaged property had been sold, application was made for a deficiency judgment against the appellants. Sucha judgment was rendered and the appellants contend it was erroneous. So far as the allegations of the petition affect the personal liability of appellants, they are to the effect that the appellants bought from Higinbotham and Dutton the mortgaged premises. A written contract was entered
No extended consideration of the questions presented is-necessary. It is well settled that where an agent or a trustee or an executor signs a negotiable instrument in his-own name without disclosing on the face of the instrument the fact that he is acting as agent or in a fiduciary capacity,, and also the name of his principal or cestui que trust, the agent, trustee, or executor is personally liable on the instrument and the principal, cestui que trust or estate, is not-
Judgment accordingly.