Home >> Bouvier's Law Dictionary >> Safe to Smuggling >> Signature_P1

Signature

name, am, rep, write, sufficient and mark

Page: 1 2

SIGNATURE. In Ecclesiastical Law. The name of a sort of rescript, without seal, con taining the supplication, the signature of the pope or his delegate, and the grant of a pardon. Dict. Dr. Can.

In Practice. By signature is understood the act of putting down a man's name at the end of an instrument, to attest its validity. The name thus written is also called a sig nature.

A person's name as set down by himself. Mills v. Howland, 2 N. D. 30, 49 N. W. 413.

It is not necessary that a party should write his name himself, to constitute a sig nature; his mark is sufficient, though he was able to write ; 7 L. R. Pr. 590; 3 Nev. & P. 228 ; Jackson v. Van Dusen, 5 Johns. (N. Y.) 144, 4 Am. Dec. 330; In re Guilfoyle, 96 Cal. 598, 31 Pac. 553, 22 L. R. A. 370; see MARK ; and it is valid without attestation (unless required by statute); Bates v. Harte, 124 Ala. 427, 26 South. 898, 82 Am. St. Rep. 186 (contra, Sivils v. Taylor, 12 Oki. 47, 69 Pac. 867); or when the mark is in lead pencil ; Drefahl v. Rank, 132 la. 563, 107 N. W. 179. Under the English statute of frauds, the signing may be a mark or by initials only, or by a fictitious or assumed name, or by a name different from that by which the testator is designated in the body of the will; In re Knox's Estate, 131 Pa. 220, 18 AU. 1021, 6 L. R. A. 353, 17 Am. St. Rep. 798, citing Jar man on Wills, 78, where it was said that the precise case of a signature by the Chris tain name only had not then arisen in Eng land or in the United States, but the court held it valid, and affirmed the admission to probate as a will of an instrument written with 'a lead pencil upon three pages of the ordinary sheets of letter paper and signed "Harriet." "Where the initials only of the party are signed, it is quite clear that, with the aid of parol evidence, which is admitted to ap ply to them, the signature is to be held val id;" Browne,- Stat. of Frauds, § 362; and the signature to a note may be by initials only ; 14 L. T. 433 ; 1 Ames, B. & N. 145. The in itials "A. B." are not the signature of the judge, or a sufficient authentication of a bill of exceptions, or sufficient evidence of its allowance by the judge ; Origet v. U. S., 125

U. S. 240, 8 Sup. Ct. 846, 31 L. Ed. 7-13. A signature in lead pencil is valid; Drefahl v. Bank, 132 Iowa, 563, 107 N. W. 179 ; although other signatures to the same instrument were in ink; Porter v. Valentine, 18 Misc. Rep. 213, 41 N. Y. Supp. 507 ; so is a printed sig nature or one lithographed on an instrument by the party as signed by him ; Grieb v. Cole, 60 Mich. 397, 27 N. W. 579, 1 Am. St. Rep. 533 ; newel v. Hogin, 3 Cal. App. 248, 84 Pac. 1002; or it may be on a telegraph message given to an operator ; L. R. 5 C. P. 295. The printed name of the vendor on the heading of a bill of parcels sent by him to the vendee is a sufficient signature to bind the vendor under the statute of frauds. A signature made by a party, another person guiding his hand with his consent, is sufficient; Stevens v. Vancleve, 4 Wash. C. C. 262, 269, Fed. Cab. No. 13,412.

It is not necessary in the execution of a note, that the person executing it, if unable to write, touch the pen while the person au thorized signs his name; Jesse v. Parker's Adm'r, 6 Gratt. (Va.) 57, 52 Am. Dec. 102 ; Lord v. Lord, 58 N. H. 7, 42 Am. Rep. 565.

Where one who cannot write' directs an other to sign for him in his presence, it will be valid with or without a mark ; Just v. Wise, 42 Mich. 573, 4 N. W. 298 ; and the signature of the grantor affixed to a deed by another in the presence and at the request of the grantor, is as binding as if he had per sonally affixed his signature; Lewis v. Wat son, 98 Ala. 479, 13 South. 570, 22 L. R. A. 297, 39 Am. St. Rep. 82, and note ; though he were able to write; Espenscheid v. Es penscheid, 158 N. Y. 732, 53 N. E. 1125 ; and the owner of a trust estate very feeble may sign a deed substituting trustees, through the agency of another person who signs in his presence at his direction ; Wat kins v. McDonald (Miss.) 41 South. 376.

Page: 1 2