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Blank

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

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.