
    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, &o., 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. It. 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. 203; 1 Camp. 72; 15 East. 29; 3 Yeates, 391; 10 Sergt. & R. 428; 6 Sergt. & R. 361; 9 Wheat. 707, 8.
    2. This bond could not be altered by filling up the sum, as that is "the material part,
    
      Stortír 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. 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. 222; 5 Mass. 508). This bond is still in blank, not filled up, and the real question is,, can you enlarge the substance of it, by mere innuendo? 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 untouched,, as the question is not before us.

The demurrer is sustained.

[Seal on commercial paper does not vary its characteristics; Bain v. Wilson, 10 O. S. 14, 19.]  