Gervais v. Baird

Decided April 15, 1806

Supreme Court of South Carolina · decided 1806-04-15

Assumpsit on several notes of hand, tried in Abbeville district, before Beevaed, J. The defendant had not subscribed her name, but only her marie to the notes, and the subscribing witness was not produced ; but a witness who was examined, proved that the defendant was accustomed to make her mark jn tke manner ^ Was made on the notes, and said he believed the mark was her’s. This evidence was admitted to go to the jury, who found for the plaintiff.

Decided 1806-04-15

G'kimke, J.,

¶1delivered the unanimous opinion of the court, that by the act of 1802, to prevent'the unnecessary attendance of witnesses, proving the signature of a note is sufficient, without proving it by the subscribing witness, (vide 1 vol. 387,) and although the signature be the mark only of the party, and not the name written, yet, if it is proved to be the signature of the party, it shall be sufficient. But without this proof, the evidence would be insufficient. Proving the handwriting of the subscribing witness would not be sufficient.

¶2New trial refused.

Present, Geimke, Waties, Bay, Teezevant, Beevaed, and Wilds, Justices.