Blank

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.

See Alteration.