12^ L^AL mSTRUCTCWfi. 



AGEiNT. 



The rule that a contract, under seal, entered into by 

 an agent, to be binding upon the principal, must, on its 

 face, purport to have been made by the principal, and 

 to have been executed in his name, and not in the name 

 of the agent, is applied in all its rigor when the validity 

 of the instrument in question depends upon the annexa- 

 tion of a seal ; but^ it seems, in less formal writings, such 

 as the evidence of ordinary commercial transactions, a 

 more liberal interpretation prevails ; in such cases, in 

 ^furtherance of the public policy of encouraging trade, if 

 it can, upon the whole instrument be collected, that the 

 true object and intent were to bind the principal, and 

 not merely the agent, courts of justice will adopt that 

 construction of it, however it may be expressed. 



A person may draw, accept, or endorse a bill by bis 

 agent, and it will be as obligatory upon him as though 

 it was done by his own hand ; but the agent in such a 

 case, must either sign the name of the principal to the 

 bill, or it must appear upon the face of the bill itself, ii* 

 some way or another, that it was in fact done for him, 

 or the principal will not be bound ; the particular form 

 of the execution is not material if it be substantially 

 done in the name. of the principal. 



A person who signs a note in the name of another ar 

 his attorney, without any authority for that purpose, is 

 personally liable on the note to the party who accept* 

 the note under such mistake or imposition. 



The drawer of a bill, when sued by the payee, may 

 prove in defense that he was merely an agent, and not 

 to be held responsible ; and to prove this, he need not 

 show a special agreement ; a general understanding that 

 he was a mere agent, may be sufficient. 



