This case falls within the principle of Smith et al. v. Dickinson, 6 Humphreys, 261, and Turbeville v. Ryan, 1 Humphreys, 118. Before the plaintiff can make the defendants liable, he must show that the agent had authority by deed to fill the blank in the instrument. The fact that this is by statute a negotiable instrument, does not put it upon the footing of negotiable instruments with respect to the authority to execute.

Judgment affirmed.