Opinion

Brown v. Butchers & Drovers' Bank

  • 6 Hill & Den. 443
Court
New York Supreme Court
Filed
May 15, 1844
Status
Published
Author
Nelson
On the bench
Nelson
Cited by
0 cases

The opinion

By the Court, Nelson, Ch. J.

It has been expressly decided that an endorsement written in pencil is sufficient; (Geary v. Physic, 5 Barn. & Cress. 234;) and also that it may be made by a mark. (George v. Surrey, 1 Mood. & Malk. 516.) In a recent case in the K. B. it was held that a mark was a good signing within the statute of frauds ; and the court refused to allow an enquiry into the fact whether the party could write, saying that would make no difference. (Baker v. Dening, *444 8 Adol. & Ellis, 94; and see Harrison v. Harrison, 8 Ves. 186 ; Addy v. Grix, id. 504.)

These cases fully sustain the ruling of the court below. They • show, I think,, that a person may become bound by any mark or designation he thinks proper to adopt, provided it be used as a substitute for his name, and he intend to bind himself. (a)

Judgment affirmed.

See Rogers v. Coit, (ante, p. 322, 3.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.