Does the Unauthorized Use of a Stamped Printed Signature Constitute a Forged Signature ?
In Iselin & Co. v. Fireman's Fund Ins. Co. (117 AD2d 86 [1st Dept 1986], mod on dissenting opn 69 NY2d 908 ), every bill of lading bore the printed stamped signature of "Lawson Trucking Co., Inc., J. Lawson President."
At his deposition, Jordan Lawson testified that he had never authorized anyone to purchase the stamp or to use it.
The majority held that defendant's claim that the documents were not forged as to signature since they contained a stamped printed signature and not a facsimile handwritten signature was without merit.
The unauthorized use of a stamped printed signature constituted a forged signature.
The dissent agreed with the majority that the unauthorized use of the stamp constituted a forged signature. However, the dissent held that it could not be concluded, wholly without regard to the stamped signatures, whether the documents were "counterfeited" within the meaning of the insurance policy.
The Court of Appeals modified based on the dissent.