§490:3-115 - Incomplete instrument.
§490:3-115 Incomplete instrument. (a)
"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.
(b) Subject to subsection (c), if an
incomplete instrument is an instrument under section 490:3-104, 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 490:3-104, but, after completion, the requirements of
section 490:3-104 are met, the instrument may be enforced according to its
terms as augmented by completion.
(c) 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 490:3-407.
(d) 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. [L 1991, c 118, pt of §1]