If SecondFactor Could Collect on the Note in General, Could

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Examlex · Accepted Answer

The Answer is Probably no, FirstFactor cannot collect from Dubious personally. Where the signature of an obligor is ambiguous so that it may be interpreted to mean that the signer is personally liable or to mean that he is signing it in his representative capacity, the signer may adduce (bring in) evidence that it was not intended that he should be personally liable, but rather that he was only an agent of a corporate principal. The signature is ambiguous.
To avoid the problem Dubious should make clear that he is signing only in his representative capacity; he should have signed: "Dubious, President, DUC Inc."

If SecondFactor Could Collect on the Note in General, Could

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