Citation Numbers: 34 Me. 54
Judges: Wells
Filed Date: 7/1/1852
Status: Precedential
Modified Date: 9/24/2021
orally. — The instrument signed and sealed by Lane, as attorney to the plaintiff, contained a release of the debt for which this action is brought. One question is,
The defendant also contends that, as the instrument would have been effectual without a seal, the seal may be disregarded ; that the sealing, being uncalled for, may be treated merely as a void act.
But the law, establishing the difference in the effect of instruments sealed and unsealed, has been settled from time immemorial.
An instrument signed and sealed by one acting as attorney, is wholly inoperative, if he had no authority to affix the seal; even though he was empowered to affix the signature.
The default is confirmed.