This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 343.— Jno. Robinson carries on business under the name of " The Rochester Pork Co.," for which he keeps a separate set of books. He has other assets which he treats as private assets not belonging to the business. If a note were signed by him
" The Rochester Pork Co., "per John Robinson, " John Robinson."
would this be in any sense a joint note, and would both have to be sued in case of non-payment ?
Answer.—In this case " The Rochester Pork Co." is merely another name for John Robinson, and the assets of the company are Robinson's personal assets, on precisely the same level as those which he treats as his private estate. The note is of no more force than if signed " John Robinson " alone.
If suit were brought against John Robinson on such an obligation the property which he holds either under the name of The Rochester Pork Co. or under the name of John Robinson would be liable.