2010 Georgia Code 11-3-115 Case Law
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One Click Case Law for § 11-3-115
O.C.G.A. § 11-3-114 <-- --> O.C.G.A. §11-3-116



2010 Georgia Code

TITLE 11 - COMMERCIAL CODE
ARTICLE 3 - NEGOTIABLE INSTRUMENTS
PART 1 - GENERAL PROVISIONS AND DEFINITIONS
§ 11-3-115 - Incomplete instrument

O.C.G.A. 11-3-115 (2010)
11-3-115. 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) of this Code section, if an incomplete instrument is an instrument under Code Section 11-3-104, 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 Code Section 11-3-104, but, after completion, the requirements of Code Section 11-3-104 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 Code Section 11-3-407.

(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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com