368 ARTICLE 13.

true date of issue or acceptance, and the instrument shall he payable accord-
ingly. The insertion of a wrong date does not avoid the instrument in the
hands of a subsequent holder in due course; but as to him, the date so
inserted is to be regarded as the true date.

An. Code, sec. 33. 1904, sec. 33. 1898, ch. 119.

33. Where the instrument is wanting in any material particular, the
person in possession thereof has a prima facie authority to complete it by
filling up the blanks therein. And a signature on a blank paper delivered
by the person making the signature in order that the paper may be con-
verted into a negotiable instrument operates as a prima facie authority to
fill it up as such for any amount. In order, however, that any such instru-
ment, when completed, may he enforced against any person who becomes
a party thereto prior to its completion, it must be filled up strictly in
accordance with the authority given, and within a reasonable time. But if
any such instrument, after completion, is negotiated to a holder in due
course, it is valid and effectual for all purposes in his hands, and he may
enforce it as if it had been filled up strictly in accordance with the authority
given, and within a reasonable time.

The endorsement and delivery of an incomplete promissory note confers pre-
sumptive authority upon the person to whom it is delivered to fill up the blanks.
Extent of such authority. Waiver of notice of dishonor—see notes to sec. 128.
Linthicum v. Bagby, 131 Md. 648.
See notes to sec. 47.

An. Code, sec. 34. 1904, sec. 34. 1898, ch. 119.

34. Where an incomplete instrument has not been delivered, it will not,
if completed and negotiated, without authority, be a valid contract in the
hands of any holder, as against any person whose signature was placed
thereon before delivery.

An. Code, sec. 35. 1904, sec. 35. 1898, ch. 119.

35. Every contract on a negotiable instrument is incomplete and revo-
cable until delivery of the instrument for the purpose of giving effect
thereto. As between immediate parties, and as regards a remote party
other than a holder in due course, the delivery, in order to be effectual,
must be made either by, or under the authority of the party making, draw-
ing, accepting or indorsing, as the case may be; and in such case, the deliv-
ery may be shown to have been conditional, or for a special purpose only,
and not for the purpose of transferring the property in the instrument. But
where the instrument is in the hands of a holder in due course, a valid
delivery thereof by all parties prior to him, so as to make them liable to
him, is conclusively presumed. And where the instrument is no longer in
the possession of a party whose signature appears thereon, a valid and
intentional delivery by him is presumed until the contrary is proved.

Long prior to this section, it was held that the defendant might show by parol
that a note on which he is sued as endorser was delivered as an escrow, or upon
condition to be performed before the interest of the holder could attach. Evidence
of conditional delivery held admissible. Jenkins v. First Natl. Bank of Balto., 134
Md. 86.