(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 KRS 355.3-104, 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 KRS 355.3-104, but, after completion, the requirements of KRS 355.3-104, 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 KRS 355.3-407.
(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. Effective: January 1, 1997 History: Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 15, effective January 1, 1997. -- Created 1958 Ky. Acts ch. 77, sec. 3-115, effective July 1, 1960.
Notes of Decisions
Brooks v. United Kentucky Bank, 659 S.W.2d 213 (Ky. Ct. App. 1983).
· cites it 5× “2d 326 (1977), is essentially the same as that set out in KRS 355.3-115: a contract incomplete when signed may be enforced as completed against the party signing it if its completion is as authorized by that party.”
Davis v. Commonwealth, 399 S.W.2d 711 (Ky. Ct. App. 1965).
“3-115(1)], in stating that an incomplete instrument has legal efficacy after it is completed in accordance with the authority given, provides as follows: “When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still…”
Davis v. Davis, 838 S.W.2d 415 (Ky. Ct. App. 1992).
“This instrument is incomplete as defined by KRS 355.3-115. This provision of the code makes clear that instruments “incomplete in any necessary respect” cannot be enforced “until completed.”
— Ky. Rev. Stat. § 355.3-115(1) — 2 cases
Brooks v. United Kentucky Bank, 659 S.W.2d 213 (Ky. Ct. App. 1983).
“2d 326 (1977), is essentially the same as that set out in KRS 355.3-115: a contract incomplete when signed may be enforced as completed against the party signing it if its completion is as authorized by that party.”
Davis v. Commonwealth, 399 S.W.2d 711 (Ky. Ct. App. 1965).
“3-115(1)], in stating that an incomplete instrument has legal efficacy after it is completed in accordance with the authority given, provides as follows: “When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still…”
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