Opinion
July, 1918.
Judgment reversed, and judgment ordered for plaintiff, with costs, upon the ground that Silkman's undertaking with Nolan was personal, and was not, and did not purport to be, in any official capacity that Silkman bore to the Park Mortgage Company. The following requests to find, submitted by plaintiff to the trial court, are found: Findings of fact Nos. 27, 29, 30, 31, 37, 39; conclusions of law Nos. 7, 8, 10, 11, 13, 14, 15, 16, 19. The following findings of fact and conclusions of law are reversed: Findings of fact Nos. 15, 16, 17; conclusions of law Nos. 2, 3. Jenks, P.J., Thomas, Putnam and Blackmar, JJ., concurred; Mills, J., not voting. Order to be settled before Mr. Justice Thomas.