39 Ga. 130 | Ga. | 1869
This Avas a suit instituted in the Court below on a guardian’s bond, against the principal and his security, to recover the amount of a judgment alleged to have been rendered against the guardian. When the judgment was offered in evidence, it appeared to have been rendered against the defendant therein, in his individual capacity, and not as guardian. Objection having been made to the introduction of the judgment in evidence, for the purpose of charging tire guardian and his security in a suit upon the bond, for a breach thereof, the plaintiff’s counsel then made a motion to the Court for leave to amend the judgment, upon the ground that it was rendered upon a note signed by the defendant, Smith, in his individual capacity, but, in the body thereof, promised to pay the plaintiff the sum of money specified therein, “ as guardian,” without stating for whom he Avas guardian. The Court refused the motion to amend the judgment, and then non-suited the plaintiff’s case upon the evidence offered, as contained in the judgment, to charge the guardian and his security in a suit upon the bond, to recover the amount of such judgment as claimed by the plaintiff. The judgment offered in evidence Avas rendered against Smith, in his individual capacity, and the question is, Avhether it could'have been amended so as to be entered up against Smith, as guardian, upon the statement of facts disclosed by the record. The notes on which the judgment was rendered read as follows: “ I, as guardian, promise to pay John H. Lovelace or bearer, etc.,” and were signed “ Charles A. Smith.” Story on Promissory Notes, states the rule in- such cases to be, that, “ As to trustees, guardian’s, executors, and administrators, and other persons acting en autre droit: they are, by our law, generally held personally liable on promissory notes, because they have no authority to bind ex directo the persons for whom, or for whose benefit, or for whose estate they act, and hence, to give any validity to the note, they must be deemed personally bound as makers. It is true, that they may exempt themselves from personal responsibility
Let the judgment of the Court below be affirmed.