the
blank is not filled. The presumption that a note was completed before
it was signed and not afterwards does not arise in a note written in
several inks and by different hands. And the purchaser of a note with
an unfilled blank is put on inquiry respecting the authority of a
person entrusted with an incomplete note. Thus A signed blank forms of
notes and left them with his attorney, but with no authority to
complete and issue them until instructed. The attorney filled them up
without further instructions and issued them to a person who knew they
had been signed, that the attorney had a power of attorney to act for
A, but did not attempt to read or otherwise ascertain its terms. A was
not prevented from denying the validity of the notes. In another case
a person who signed a number of notes in blank as to date, payee and
amount, and left them in his desk in his office, whence they were
stolen, filled in and indorsed to B for value before maturity and
without notice of any defects, was nevertheless not liable on them.
When therefore an incomplete instrument has not been delivered it
cannot be completed and negotiated without authority, and if it is, it
is not a valid contract in the hands of any holder as against the
person whose signature was placed thereon before delivery.
Every contract on a negotiable note is incomplete and revocable until
its delivery. As between the immediate parties, and also a remote
party other than a holder in due course, the delivery, in order to be
effectual, must be made either by the authority of the party making,
drawing, accepting or indorsing as the case may be. The delivery may
be shown to have been conditional, or for a special purpose only, and
not for the purpose of transferring the property of the note. But
where the note is in the hands of a holder in due course, a valid
delivery thereof by all parties prior to him is conclusively presumed.
When the language of a note is ambiguous the following rules of
construction are applied: (a) if there is a discrepancy between the
words and figures in expressing the amount, the words control, if the
words are ambiguous or uncertain, reference may be had to the figures
to fix the amount; (b) if the note provides for paying interest
without specifying the date from which it is to run, the interest runs
from the date of the note, if this is undated, from the issue of it;
(c) if not dated a note will be considered as dated from the time of
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