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Miss. Code Ann. § 75-3-115

Incomplete instrument

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 1 court decision — leading case 482 So. 2d 1124 - Hill v. Consumer Nat. Bank (1986)

Most recently applied in 482 So. 2d 1124 - Hill v. Consumer Nat. Bank (January 1986)

Former § 75-3-115: Codes, 1942, § 41A:3-115; Laws, 1966, ch. 316, § 3-115; Laws, 1992, ch. 420, § 15, eff from and after January 1, 1993.

“Incomplete instrument” means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.

Subject to subsection (c), if an incomplete instrument is an instrument under Section 75-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Section 75-3-104, but, after completion, the requirements of Section 75-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.

If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Section 75-3-407.

The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.