§ 25-3-115. Incomplete instrument. - North Carolina Statutes

§25‑3‑115.  Incomplete instrument.

(a)        "Incompleteinstrument" 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 butthat the signer intended it to be completed by the addition of words ornumbers.

(b)        Subject tosubsection (c) of this section, if an incomplete instrument is an instrumentunder G.S. 25‑3‑104, it may be enforced according to its terms ifit is not completed, or according to its terms as augmented by completion. Ifan incomplete instrument is not an instrument under G.S. 25‑3‑104,but, after completion, the requirements of G.S. 25‑3‑104 are met,the instrument may be enforced according to its terms as augmented bycompletion.

(c)        If words or numbersare added to an incomplete instrument without authority of the signer, there isan alteration of the incomplete instrument under G.S. 25‑3‑407.

(d)        The burden ofestablishing that words or numbers were added to an incomplete instrumentwithout authority of the signer is on the person asserting the lack ofauthority. (1899, c. 733, ss. 13 to 15; Rev., ss. 2163 to 2165;C.S., ss. 2994 to 2996; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)