Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 8/21/84; site styx.UUCP
Path: utzoo!watmath!clyde!burl!ulysses!gamma!epsilon!zeta!sabre!petrus!bellcore!decvax!decwrl!sun!idi!styx!mcb
From: mcb@styx.UUCP (Michael C. Berch)
Newsgroups: net.legal
Subject: Re: Legal question on signatures
Message-ID: <11057@styx.UUCP>
Date: Fri, 30-Aug-85 00:26:37 EDT
Article-I.D.: styx.11057
Posted: Fri Aug 30 00:26:37 1985
Date-Received: Sun, 1-Sep-85 04:48:41 EDT
References: <314@tekla.UUCP> <4206@alice.UUCP> <826@burl.UUCP> <83@axiom.UUCP>
Organization: Lawrence Livermore Laboratory, Livermore, CA
Lines: 31

> [Discussion of legality of forms of signature.]

According to the common law of most states, a signature is simply any
writing intended to personally authenticate a document. So it doesn't
really matter whether you sign "X" or whatever. (This common law rule has
been supplanted by specific statutes in many states dealing with
particular transactions and documents, such as wills. All states
except Louisiana have also adopted the Uniform Commercial Code (UCC)
that deals with such matters as valid check endorsements, etc.)

As a case in point, I generally endorse checks by printing my name and
account number on the back of the check. That way I don't have to try
to make my signature come out the same if I'm (for example) writing
while standing in line. Once, the teller scowled at my endorsement and
asked me to endorse the check again with my "usual signature". I
pointed out the law regarding endorsements and mentioned by way of
example that most businesses (including my own) endorse checks with a
stamp. She thought about that for a minute and accepted the check.

The key here is the distinction between using the signature to
authenticate the document vs. to identify the signer. They are two
different things. I can understand that if I wanted cash for the check
it would have been bank policy to get a "usual signature" so it could
compare it against a signature card (identification of the signer). On
the other hand, since I was depositing the check in the drawee's (my
own) account, any legal endorsement (including, curiously, no
endorsement) should have been acceptable.

Michael C. Berch
mcb@lll-tis-b.ARPA
{akgua,allegra,cbosgd,decwrl,dual,ihnp4,sun}!idi!styx!mcb