Sec. 18. Writing And Signature

Writing and signature of maker or drawer are essential to negotiability.

Our natural conception of a negotiable instrument is that of a written paper.

"Writing" includes print.12 The substance of the impression may be ink or lead.13 The former is of course preferable from the standpoint of sound and safe business practice.

10. Id. Sec 10.

11. Smith v. Myers, 207 111. 126.

12. Nego. Instru. Act, SEC. 191.

13. Geary v. Physic, 5 B. & C (Eng.) 234.

Signature. An instrument to be negotiable must be signed.

"No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name."14

Example 8. A note signed "Western Novelty Co., Unincorporated" binds all who go under that trade name, assuming that the note is given under the authority of those sought to be held.

Printed or lithographed signature is a legal signature,15 but not good practice except on bond coupons, or the bonds themselves, in which case it ought to be so provided in the bond, and if used on a bond, authentication of each delivered bond ought to be requisite to its validity.

Signature by agent. " The signature of any party may be made by duly authorized agent. No particular form of appointment is necessary for this purpose, and the authority of the agent may be established as in other cases of agency. "16

Location of signature. The signature is by custom at the bottom upon right hand side, but is legally sufficient if in the body of the instrument if intended as a signature, although precaution suggests the use of the customary manner.

14. Nego. Instru. Act, SEC. 18; Jones v. Home Furn. Co., 41 N. Y. Suppl. 71.

15. Brown v. Bank, 6 Hill (N. Y.) 443.

16. Nego. Instru. Act, Sec 19.