Morton

This is an appeal by the plaintiff from a judgment in favor of defendants without preju dice to an action against defendants as' trustees to procure satisfaction out of trust property.

The decision of the case depends chiefly upon the proper construction to be given to section 3101 of the Civil Code (sec. 20 of the Uniform Negotiable Instruments Law), which reads as follows: “Where the instrument, contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability. ’ ’

In deciding the case the learned trial judge wrote an opinion, the following portions of which we adopt as a part of the opinion of the court:

Two important rules of statutory construction in our judgment combine to require us to adopt the construction of section 20 of the Uniform Negotiable Instruments Law announced in the cases of Kerby v. Ruegamer, Megowan v. Peterson, American Trust Co. v. Canevin,…