The issue was whether Schuler had signed an agreement simply under a power of attorney on behalf of one of the named parties or, additionally, on his own behalf as a guarantor. In the case of an equivocal agency signature, it was held that evidence was admissible that the signature was also a personal signature – ‘evidence that he intended to sign in both capacities . . does not contradict the document and is admissible’. Brett said: ‘But the questions whether a person has signed his name at the foot of a document, and if so, for what purpose, are questions of evidence, and any evidence on the subject which does not contradict the document is admissible . . This evidence does not contradict anything on the face of the document, and is, in my opinion, plainly admissible.’
Cotton LJ, Sir William Brett MR
(1883) 11 QBD 651,  UKLawRpKQB 118
England and Wales
Cited – Shogun Finance Limited v Hudson HL 19-Nov-2003
Thief acquired no title and could not sell
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car.
Held: (Lords Nicholls and Millett . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 January 2022; Ref: scu.188451