Blank

A space left In writing, to be filled up with one or more words to complete sense. A skeleton document, in which the formal words are printed, and blanks left for the

A space left in a writing, to be filled up with one or more words to complete the sense. When a blank is left in a written agreement which need not have been reduced to writing, and would have been equally binding whether written or unwritten, it is presumed, in an action for the non-performance of the contract, parol evidence might be admitted to explain the blank. And where a written instrument which was made professedly to record a fact is produced as evidence of that fact which it purports to record, and a blank appears in a material part, the omission may be supplied by other proof; Wood v. Beach, 7 Vt. 522. Hence a blank left in an award for a name was allowed to be supplied by parol proof; Lynn v. Risberg, 2 Dall. (U. S.) 180, 1 L. Ed. 339. But where a creditor signs a deed of composition, leaving the amount of his debt in blank, he binds himself to all existing debts; 1 B. & Aid. It is said that a blank may be filled by consent of the parties and the instrument remain valid; Cro. Eliz. 626; 11 M. & W. 468; Smith v. Crooker, 5 Mass. 538; Woodworth v. Bank, 19 Johns. (N. Y.) 396, 10 Am. Dec. 239; Cribben v. Deal, 21 Or. 211, 27 Pac. 1046, 28 Am. St. Rep. 746; though not, it is said, where the blank is in a part material to the operation of the instrument as an instrument of the character which it purports to be; 6 M. & W. 200; Mc Kee v. Hicks, 13 N. C. 379; Gilbert v. Anthony, 1 Yerg. (Tenn.) 69, 24 Am. Dec. 439; Boyd v. Boyd, 2 N. & McC. (S. C.) 125; Byers v. Mc Clanahan, 6 Gill & J. (Md.) 250; at least, without a new execution; 2 Pars. Cont. 8th ed. *724. But see Wiley v. Moor, 17 S. & R. (Pa.) 438, 17 Am. Dec. 696; Commercial Bank of Buffalo v. Kortright, 22 Wend. (N. Y.) 348, 34 Am. Dec. 317; Bank of Commonwealth v. Curry, 2 Dana (Ky.) 142; Duncan v. Hodges, 4 Mc Cord (S. C.) 239, 17 Am. Dec. 734; 4 Bingh. 123. If a blank is left in a policy of insurance for the name of the place of destination of a ship, it will avoid the policy; Park. Ins. 22; Wesk. Ins. 42. See cases in note to 10 Am. Rep. 26S. A power of attorney to convey land is inoperative until the name of the attorney is inserted by some one having authority from the principal; U. S. v. Mfg. Co., 198 Fed. Leaving blanks in a note and chattel mortgage as to the amount, and the delivery of the instruments in that condition, create an agency in the receiver to fill them in the manner contemplated by the maker; Mackey v. Basil, 50 Mo. App. 190. As between the parties to a deed it is not void because it did not contain the grantee's name when acknowledged, if it was afterwards written in by the grantor; Vought's Ex'rs v. Vought, 50 N. J. Eq. 177, 27 Atl. 489. Where the amount is left blank in the body of a note, its insertion in figures in the margin does not complete it; Hollen v. Davis, 59 la. 444, 13 N. W. 413, 44 Am. Rep. 688; Norwich Bank v. Hyde, 13 Conn. 279; contra, Witty v. Ins. Co., 123 Ind. 411, 24 N. E. 141, 8 L. R. A. 365, 18 Am. St. Rep. 327; nor if words as well as figures are in the margin; Chestnut v. Chestnut, 104 Va. 539, 52 S. E. 348, 2 L. R. A. (N. S.) 879, note, 7 Ann. Cas. 802. So where the name of the payee is left blank, although a bona fide holder may insert his own name; Tittle v. Thomas, 30 Miss. 122, 64 Am. Dec. 156; it must be done before suit; Thompson v. Rathbun, 18 Or. 202, 22 Pac. S37; Greenhow v. Boyle, 7 Blackf. (Ind.) 56; Seay v. Bank, 3 Sneed (Tenn.) 558, 67 Am. Dec. 579. A transfer of shares by deed executed in blank as to the name of the purchaser or the number of the shares, is void in England, though sanctioned by the usage of the stock exchange; 4 D. & J. 559; 2 H. & C. 175. But the rule is otherwise in Kortright v. Bank, 20 Wend. (N. Y.) 91; German Union Bldg. & Sav. Fund Ass'n v. Sendmeyer, 50 Pa. 67; (but see Denny v. Lyon, 38 Pa. 98, 80 Am. Dec. 463); Day v. Holmes, 103 Mass. 306; Bridgeport Bank v. R. Co., 30 Conn. 274. See the subject discussed in Lewis, Stocks 50. As to blanks in notes, see Knoxville Nat Bank v. Clark, 51 la. 264, 1 N. W. 491, 33 Am. Rep. 130. See Alteration.

A space left unfilled in a written document, in which one or more words or marks are to be inserted to complete the sense. Angle v. Insurance Co., 92 U. S. 337, 23 L. Ed. 556. Also a skeleton or printed form for any legal document, in which the necessary and invariable words are printed in their proper order, with blank spaces left for the insertion of such names, dates, figures, additional clauses, etc., as may be necessary to adapt the instrument to the particular case and to the design of the party using it.

— Blank acceptance. An acceptance of a bili of exchange written on the paper before the bili is made, and delivered by the acceptor.

— Blank har. Also called the "common bar." The name of a plea in bar which in an action of trespass is put in to oblige the plaintiff to assign the certain place where the trespass was committed. It was most in practice in the common bench. See Cro. Jac. 594.

— Blank bonds. Scotch securities, in which the creditor's name was left blank, and which passed by mere delivery, the bearer being at liberty to put in his name and sue for payment. Declared void by Act 1696, c. 25.

— Blank indorsement. The indorsement of a bill of exchange or promissory note, by merely writing the name of the indorsee, without mentioning any person to whom the bill or note is to be paid; called "blank," because a blank or space is left over it for the insertion of the name of the indorsee, or of any subsequent holder. Otherwise called an indorsement "in blank." 3 Kent, Comm. 89; Story, Prom. Notes, § 138.

A space in a writing left to be filled with words to complete the sense; a paper containing the substance of a written instrument with spaces left to be filled with names, descriptions, date, etc. Blank bar: a plea in trespass which called on the plaintiff to assign a certain place for the injury; otherwise called common bar. Blank indorsement: an indorsement of a bill or note, by merely writing the name of the indorser, without mentioning any person to whom the bill or note is to be paid.

* 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.

[L. Lat. hlancus.] A void space in writing; a part of a deed, record, or other instrument not written upon, or filled up. See Blancus.

A space left in a writing which ought to have been filled the ambiguity occasioned by blanks may be explained; 2, in what cases it cannot be explained. 1. When a blank is left in a written agreement which need not have been reduced to writing, and would have been equally binding whether written or unwritten, it is presumed, in an action for the non performance of the contract, parol evidence might be admitted to explain the blank. And where a-written instrument, which was made professedly to record a fact, is produced as evidence of that fact which it purports to record, and a blank appears in a material part, the omission may be supplied by other proof. 1 Phil. Ev. 475. 1 Wils. 215. Hence a blank left in an award for a name, was allowed to be supplied by parol proof. 2 Dall. 180. 2. Ifa blank is left in a policy of insurance for the naane of the place of destination of a ship, it will avoid the policy. Molloy,. b. 2, c. 7, s. 14, Park Ins.22. Wesk. Ins. 42. Lines ought to be drawn wherever there are blanks to prevent any thing from being inserted afterwards. 2 Valin’s Comm. 151. When the filling up blanks after the execution of deeds and other writings will vitiate them or not. See 4 Vin. Abr. 268; Moore, 547; Cro. Eliz. 626; 1 Vent. 185; 2 Lev. 35; 2 Ch. Rep. 187; 1 Anst. 228; 5 Mass. 538; 4 Binn. 1; 9 Cranch, 28; Yelv. 96; 2 Show. 161; 1 Saund. Pl. & Ev. 77; 4 B. & A. 672; Com. Dig. Fait, F 1; 4 Bing. 123; 2 Hill. Ab. c. 25, § 80; c. 33, § 54 and 72.