28 BILLS OF EXCHANGE AND PROMISSORY NOTES. [ART. 13

delivery, in order to be effectual, must be made either by, or
under the authority of the party making, drawing, accepting or
indorsing, as the case may be; and in such case, the delivery
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 pre-
sumed. And where the instrument is no longer in the possession
of a party whose signature appears thereon, a valid and inten-
tional delivery by him is presumed until the contrary is proved.

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 instru-
ment 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.