
    SPENCER v. BUCHANAN.
    Bond in blank — alteration by consent — filling up by consent.
    An alteration of a bond, by consent of the parties to it, does not vitiate it.
    A special bail bond signed and sealed by the bail, with a blank as to the sum, cannot be declared upon as a blank.
    A mere money bond, executed with a blank as to the sum, delivered to one of several of the obligors, and filled up before it was delivered to the obligee, is good, and the delivery to the co-obligor to be used, will be held an authority to fill the blanks.
    The plaintiff declares upon a special bail bond for 350 —--, thereby meaning $¡350,’) &c.
    Defendant craves oyer of the bond, &c. which being set out, shows that the defendant ‘appeared before D. Gano, in open court, being clerk of the Court of Common Pleas, and acknowledged to owe unto Wade. H. Spencer, the sum of three hundred and fifty , to be levied, &c. R. Buchanan, with a release of errors.’
    He then demurred generally, which is joined.
    
      Este and Haines, for the defendant,
    contended,
    1. That to alter a bond in a material part vitiates it, and cited 4 T. R. 189; 3 Esp. 57, 246; 4 East. R. 203; 1 Camp. R. 72; 15 East. R. 29; 3 Yeates 391; 10 Sergt. R. 428; 6 Sergt. R. 361; 9 Wheat. R. 707, 8.
    2. This bond could not be altered by filling up the sum, as that is the material part.
    Storer, for the plaintiff.
   Lane, J.

An alteration of a bond with the consent of the parties to it, does not vitiate it: (9 Cranch. 37.) In this state, it has been decided that a blank with a signature, seal, and authority to fill up,' is void: (1 O.R. 372.) But mere money bonds, executed with blanks, filled up before negotiated, and received in good faith, are to be treated as commercial or business paper, and the delivery in blank to a party, as an authority to fill up: (5 O. R. 222; 5 Mass. R. 508.) This bond is still in blank, not filled up, and the real question is, can you enlarge the substance of it, by mere inuendo? We think you cannot. What would be the effect, if the blank were filled up by permission of the Common Pleas, or otherwise, we leave uutouched, as the question is not before us.

The demurrer is sustained.  