Blank
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
* 1, adj. (1) Of a white color: lacking something essential to completeness; not filled in or filled up with a word or •words — names, amount, time, place, description, conditions, etc.: as, a blank certificate of stock, power of attorney, assignment, warrant. (3) Unrestricted; indorsee not named: as, an indorsement in blank or a blank indorsement.
3, n.
A space left in a written or printed paper, to be filled with words or figures in order to complete the sense.
Blanks.
Forms of writs, deeds, leases, powers of attorney, and other instruments, printed with spaces left for writing in names, dates, sums, places, descriptions, conditions, and other matters peculiar to special cases. Often spoken of as legal blanks.
See Writing. ' Knote V. United States, 10 Ct. CI. 399 (1874), Loring, J. " 2 Steph. Hist, Cr. Law Eng. 314-15. 3 36 Am. Law Rev. 33 (1883), J. F. Dillon.
See also Cooley's Bl. Com. vol. 1, p. v. See generally preface to Chitty's edition of the Commentaries; 8 Alb. Law J. 290; 13 id.
104; 1 AUibone.
Diet. Authors; 1 Am. Jur. 116; 1 Austin, Lect. 71; 104 Eclectic Mag. 703; 15 Law Mag. 392; 14 Leg. Obs. 143; 51 Macm. Mag. 350; 7 Pitts. Leg. J. 106; 5 West. Powers of attorney to transfer stock are often executed in blank, the right to fill in the name of an attorney being implied.^ The blanks in a warranty of attorney to confess judgment need not be filled up. The idiom of the lau-, guage admits of many things being understood which are not directly expressed. This Is eminently so with the personal pronouns." The grantor in a deed conveying realty, signed and acknowledged, with a blank for the name of thegrantee, may by parol authorize another party to fill up the blank. In such case before the deed is delivered to the grantee his name must be inserted by th& party so authorized. 8 Where a party to a negotiable instrument intrusts it to the custody of another for use, with blanks not filled, as against the rights of innocent third persons such instrument carries on its face implied authority in the receiver as agent to fill any blanks necessary to perfect it as an instrument; * but not to vary or alter material terms by erasing what is written or printed as part, nor to pervert the scope or meaning by filling blanks with stipulations repugnant to what was clearly expressed In the instrument before it was so delivered.* A note payable to bearer and indorsed in blank is transferable by mere delivery, and any bona fide holder is effectually shielded from the defense of prior equities between the original parties.^ As between original parties the act of delivering the paper is authofity for filling blanks conformably to their mutual understanding. If there is no express agreement the authority is general; and the burden of proof is on the defendant to show such agreement.' In cases of blank indorsements possession is evidence of title.s When blanks material in nature are filled up after execution, the instrument, as a deed, should be reexecuted and re-acknowledged; but failure to do sowoiild hardly defeat a vested interest.'
See Alteration, 2; Bearer; Indorsement.. BLAJS"KET.
See Insurance, Policy of.