28-3-115. INCOMPLETE INSTRUMENT. (1) "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.
(2) Subject to subsection (3) of this section, if an incomplete instrument is an instrument under section 28-3-104 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 28-3-104 but, after completion, the requirements of section 28-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.
(3) 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 28-3-407.
(4) 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.
History:
[28-3-115, added 1993, ch. 288, sec. 2, p. 1027.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 28-3-101 - SHORT TITLE.
Section 28-3-102 - SUBJECT MATTER.
Section 28-3-103 - DEFINITIONS.
Section 28-3-104 - NEGOTIABLE INSTRUMENT.
Section 28-3-105 - ISSUE OF INSTRUMENT.
Section 28-3-106 - UNCONDITIONAL PROMISE OR ORDER.
Section 28-3-107 - INSTRUMENT PAYABLE IN FOREIGN MONEY.
Section 28-3-108 - PAYABLE ON DEMAND OR AT DEFINITE TIME.
Section 28-3-109 - PAYABLE TO BEARER OR TO ORDER.
Section 28-3-110 - IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE.
Section 28-3-111 - PLACE OF PAYMENT.
Section 28-3-113 - DATE OF INSTRUMENT.
Section 28-3-114 - CONTRADICTORY TERMS OF INSTRUMENT.
Section 28-3-115 - INCOMPLETE INSTRUMENT.
Section 28-3-116 - JOINT AND SEVERAL LIABILITY — CONTRIBUTION.
Section 28-3-117 - OTHER AGREEMENTS AFFECTING INSTRUMENT.