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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 27   View pdf image (33K)
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ART. 13] INSERTION OP DATE—COMPLETING INSTRUMENT. 27

31. The instrument is not invalid f or the reason only that it
is ante-dated or post-dated, provided this is not done for an illegal
or fraudulent purpose. The person to whom an instrument so
dated is delivered acquires the title thereto as of the date of
delivery.

3

32. Where an instrument expressed to be payable at a fixed
period after date is issued undated, or where the acceptance of
an instrument payable at a fixed period after sight is undated,
any holder may insert therein the true date of issue or accept-
ance, and the instrument shall be payable accordingly. 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.

33. Where the instrument is wanting in any material particu-
lar, 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 converted in to a negotiable instru-
ment, operates as & prima fade authority to fill it up as such for
any amount. In order, however, that any such instrument, when
completed, may be enforced against any person who become 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 negotia-
ted to a holder in due course, it is valid and effectual for all pur-
poses 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.

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.

35. Every contract on a negotiable instrument is incomplete
and revocable 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

 

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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 27   View pdf image (33K)
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