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Session Laws, 1963
Volume 671, Page 836   View pdf image (33K)
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838                               LAWS OF MARYLAND                        [CH. 538

3115. Incomplete Instruments.

(1)   When a paper whose contents at the time of signing show that
it is intended to become an instrument is signed while still incomplete
in any necessary respect it cannot be enforced until completed, but
when it is completed in accordance with authority given it is effective
as completed.

(2)  If the completion is unauthorized the rules as to material alter-
ation apply (Section 3
407), even though the paper was not de-
livered by the maker or drawer; but the burden of establishing that
any completion is unauthorized is on the party so asserting.

3116. Instruments Payable to Two or More Persons.
An instrument payable to the order of two or more persons

(a)  if in the alternative is payable to any one of them and may be
negotiated, discharged or enforced by any of them who has possession
of it;

(b)  if not in the alternative is payable to all of them and may be
negotiated, discharged or enforced only by all of them.

3117. Instruments Payable with Words of Description.

An instrument made payable to a named person with the addition
of words describing him

(a)  as agent or officer of a specified person is payable to his prin-
cipal but the agent or officer may act as if he were the holder;

(b)  as any other fiduciary for a specified person or purpose is
payable to the payee and may be negotiated, discharged or enforced
by him;

(c)  in any other manner is payable to the payee unconditionally
and the additional words are without effect on subsequent parties.

3118. Ambiguous Terms and Rules of Construction.
The following rules apply to every instrument:

(a)  Where there is doubt whether the instrument is a draft or a
note the holder may treat it as either. A draft drawn on the drawer
is effective as a note.

(b)  Handwritten terms control typewritten and printed terms, and
typewritten control printed.

(c)  Words control figures except that if the words are ambiguous
figures control.

(d)   Unless otherwise specified a provision for interest means in-
terest at the judgment rate at the place of payment from the date of
the instrument, or if it is undated from the date of issue.

(e)   Unless the instrument otherwise specifies two or more persons
who sign as maker, acceptor or drawer or indorser and as a part of
the same transaction are jointly and severally liable even though the
instrument contains such words as "I promise to pay."

(f)   Unless otherwise specified consent to extension authorizes a
single extension for not longer than the original period. A consent
to extension, expressed in the instrument, is binding on secondary


 

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Session Laws, 1963
Volume 671, Page 836   View pdf image (33K)
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