Supreme Court of Alabama, 1894

Mash v. Daniel & Co.

Mash v. Daniel & Co.
Supreme Court of Alabama · Decided November 15, 1894 · Head
105 Ala. 393

Mash v. Daniel & Co.

Opinion of the Court

HEAD, J.

The case of Johnson & Co. v. Davis, 95 Ala. 293,- settles, in principle, that when the maker of a paper and another both hold the pen and make the mark, near to the maker’s name, with intention on the part of the maker to execute the instrument, the making of the mark is the act of the maker, and not the other party who holds the pen with him.

Affirmed.

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