Mundaca Investment Corp. v. Febba
New Hampshire Supreme Court
727 A.2d 990 (1999)
Trustees Febba, Scurfield, and Kendall (defendants) signed two promissory notes as 'trustee' to finance condominium purchases for the L.T.D. Realty Trust, but the notes themselves never identified the trust, even though the accompanying mortgages did name the trust as borrower. When the notes went into default and Mundaca Investment Corporation (plaintiff), which had acquired them, sued the trustees personally, the trial court granted Mundaca summary judgment, finding the trustees' signatures didn't show a representative capacity and that the trustees hadn't proven the original lender never intended to hold them personally liable; the trustees appealed.
Whether a representative who signs an instrument on behalf of a represented party is personally liable if the signature clearly shows it was made on the represented party's behalf, or if the original parties did not intend the representative to be personally liable.