BILLS OF EXCHANGE AND PROMISSORY NOTES 471

of such authority. Waiver of notice of dishonor—see notes to sec. 128. Linthicum v.
Bagby, 131 Md. 648.

This section applied in Johnson v. Venable, 150 Md. 353.

See notes to sec. 47.

An. Code, 1924, sec. 34. 1912, 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, 1924, sec. 35. 1912, 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 con-
dition to be performed before the interest of the holder could attach. Evidence of con-
ditional delivery held admissible. Jenkins v. First Natl. Bank of Balto., 134 Md. 86.

An. Code, 1924, sec. 36. 1912, sec. 36. 1904, sec. 36. 1898, ch. 119.

36. Where the language of the instrument is ambiguous, or there
are omissions therein, the following rules of construction apply:

1. Where the sum payable is expressed in words and also in figures, and
there is a discrepancy between the two, the sum denoted by the words is
the sum payable; but if the words are ambiguous or uncertain, references
may be had to the figures to fix the amount;

2. Where the instrument provides for the payment of interest, without
specifying the date from which interest is to run, the interest runs from
the date of the instrument, and if the instrument is undated, from the issue
thereof;

3. Where the instrument is not dated, it will be considered to be dated
as of the time it was issued;

4. Where there is a conflict between the written and printed provisions
of the instrument, the written provisions prevail;

5. Where the instrument is so ambiguous that there is doubt whether
it is a bill or note,'the holder may treat it as either, at his election;

6. Where a signature is so placed upon the instrument that it is not
clear in what capacity the person making the same intended to sign, he is
to be deemed an endorser;

7. Where an instrument containing the words, "I promise to pay,"
is signed by two or more persons, they are deemed to be jointly and severally
liable thereon.