Maxim 3.5.19
A man is presumed to be simple [minded] who makes a mistake in his own name.
Source: Code. 6, 24, 14; Van Alst v. Hunter, 5 Johns. Ch. (N.Y.) 148, 161; Weisman, 37i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A man who misstates or misspells his own name raises a presumption of incapacity or fraud — cite this to challenge the authenticity of a document signed under a garbled version of the signer's name.
Where this applies
- A man signs a deed as "Robert J. Smythe" when his legal name is "Robert J. Smith"; the court raises a presumption of incapacity or fraud because a person who misstates his own name invites suspicion.
- A witness at trial gives his name incorrectly under oath; opposing counsel invokes this maxim to suggest the witness is either confused or deliberately deceptive.
- A party to a contract spells his own surname differently on three separate documents, and the court questions his competence to execute the agreement.
Cite this maxim
NeCede Max. 3.5.19 — A man is presumed to be simple [minded] who makes a mistake in his own name. — Code. 6, 24, 14; Van Alst v. Hunter, 5 Johns. Ch. (N.Y.) 148, 161; Weisman, 37i
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