84-3-115. 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 K.S.A. 84-3-104, 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 K.S.A. 84-3-104, but, after completion, the requirements of K.S.A. 84-3-104 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 K.S.A. 84-3-407.
(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.
History: L. 1991, ch. 296, § 15; February 1, 1992.
KANSAS COMMENT, 1996
This section is identical to the 1995 Official Text, and the section is a reworking of the prior provisions of 84-3-115. Historical case and statutory references may be obtained from the 1965 or 1983 bound Volumes 7 of the Kansas Statutes Annotated.
This section should be consulted in conjunction with 84-3-407, alteration, and 84-3-302, the requirements for being a holder in due course, as well as 84-3-403 to 84-3-406, dealing with the UCC's definitions of different forms of negligence in allowing instruments to be issued, negotiated or altered. Under the new provisions, comparative negligence applies.
Revisor's Note:
Former section 84-3-115 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.
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