Ch. 91

1996 LAWS OF MARYLAND

(B) IF AN INSTRUMENT IS UNDATED, ITS DATE IS THE DATE OF ITS ISSUE OR,
IN THE CASE OF AN UNISSUED INSTRUMENT, THE DATE IT FIRST COMES INTO
POSSESSION OF A HOLDER.

3-114.

IF AN INSTRUMENT CONTAINS CONTRADICTORY TERMS, TYPEWRITTEN TERMS
PREVAIL OVER PRINTED TERMS, HANDWRITTEN TERMS PREVAIL OVER BOTH, AND
WORDS PREVAIL OVER NUMBERS.

3-115.

(A)    "INCOMPLETE INSTRUMENT' MEANS A SIGNED WRITING, WHETHER OR
NOT ISSUED BY THE SIGNER, THE CONTENTS OF WHICH SHOW AT THE TIME OF
SIGNING THAT IT IS INCOMPLETE BUT THAT THE SIGNER INTENDED IT TO BE
COMPLETED BY THE ADDITION OF WORDS OR NUMBERS.

(B)     SUBJECT TO SUBSECTION (C), IF AN INCOMPLETE INSTRUMENT IS AN
INSTRUMENT UNDER § 3-104, IT MAY BE ENFORCED ACCORDING TO ITS TERMS IF IT
IS NOT COMPLETED, OR ACCORDING TO ITS TERMS AS AUGMENTED BY
COMPLETION. IF AN INCOMPLETE INSTRUMENT IS NOT AN INSTRUMENT UNDER §
3-104, BUT, AFTER COMPLETION, THE REQUIREMENTS OF § 3-104 ARE MET, THE
INSTRUMENT MAY BE ENFORCED ACCORDING TO ITS TERMS AS AUGMENTED BY
COMPLETION.

(C)     IF WORDS OR NUMBERS ARE ADDED TO AN INCOMPLETE INSTRUMENT
WITHOUT AUTHORITY OF THE SIGNER, THERE IS AN ALTERATION OF THE
INCOMPLETE INSTRUMENT UNDER § 3-407.

(D)    THE BURDEN OF ESTABLISHING THAT WORDS OR NUMBERS WERE
ADDED TO AN INCOMPLETE INSTRUMENT WITHOUT AUTHORITY OF THE SIGNER IS
ON THE PERSON ASSERTING THE LACK OF AUTHORITY.

3-116.

(A)    EXCEPT AS OTHERWISE PROVIDED IN THE INSTRUMENT, TWO OR MORE
PERSONS WHO HAVE THE SAME LIABILITY ON AN INSTRUMENT AS MAKERS,
DRAWERS, ACCEPTORS, INDORSERS WHO INDORSE AS JOINT PAYEES, OR
ANOMALOUS INDORSERS ARE JOINTLY AND SEVERALLY LIABLE IN THE CAPACITY
IN WHICH THEY SIGN.

(B)     EXCEPT AS PROVIDED IN § 3-419(E) OR BY AGREEMENT OF THE AFFECTED
PARTIES, A PARTY HAVING JOINT AND SEVERAL LIABILITY WHO PAYS THE
INSTRUMENT IS ENTITLED TO RECEIVE FROM ANY PARTY HAVING THE SAME JOINT
AND SEVERAL LIABILITY CONTRIBUTION IN ACCORDANCE WITH APPLICABLE LAW.

(C)     DISCHARGE OF ONE PARTY HAVING JOINT AND SEVERAL LIABILITY BY A
PERSON ENTITLED TO ENFORCE THE INSTRUMENT DOES NOT AFFECT THE RIGHT
UNDER SUBSECTION (B) OF A PARTY HAVING THE SAME JOINT AND SEVERAL
LIABILITY TO RECEIVE CONTRIBUTION FROM THE PARTY DISCHARGED.

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