McKain v. Miller
McKain v. Miller
Opinion of the Court
Curia, per
Whether the letters “L. S.” annexed to the signature of Jonathan Miller, had been adopted by him for his seal, was a question of fact properly submitted to the decision of the jury. Relph & Co. vs. Gist, (4 McCord, *261.) And the jury having decided that such letters constituted his seal, the question for the Court to decide is, whether those two letters, not written, but in print, and standing without a circumflex, scrawl, or other visible mark of the pen of Jonathan Miller, can, in law, constitute his seal. It is not unfre-qnent, that such letters, when circumscribed by a scrawl, either in print or handwriting, constitute, in practice, a seal. And we cannot lay it down as a rule of law, that the letters alone, if used for such a purpose, may not be a valid seal. Any stamp, impression, or mark, made or adopted by the signer to a written contract, and annexed to his signature, as and for his seal, would seem to answer the purpose of sealing, in order to render such written contract a sealed instrument or deed in law. McKenzie vs. Ioor and Mathews, MS. Dec. 1833; Rice’s Dig. 212; 4 McCord, 239. In such a case, the question is upon the intention and will of the signer. Did he or not intend to subscribe and deliver the contract as his deed, and not as a mere parol or written instrument?
Case-law data current through December 31, 2025. Source: CourtListener bulk data.