hanged.
The courts uniformly hold that an immaterial alteration should be
treated as no alteration and therefore does not avoid the instrument.
Altering words in the instrument without changing the legal sense or
altering immaterial words is an immaterial alteration.
Retracing a faded name with ink, or tracing a word with ink written
with pencil, is immaterial.
Alterations and additions in deeds are immaterial where neither the
rights or duties, interests or obligations, of either of the parties
to the instrument are in any manner changed or affected.
A promissory note made payable to a partnership under a certain name
was altered by the maker and the payee without the knowledge of the
surety so as to be payable to the same parties under another name and
the court held it to be immaterial.
But the effect of the correction must be that it makes the instrument
conform to the intention of the parties concerned, nor must they alter
the legal sense of the instrument. Memoranda made on the margin of the
note for the convenience of the holder and merely explanatory of some
circumstances connected with the note are immaterial. The erasure of
words immaterial to the legal sense of the instrument or inserted by
mistake, is also immaterial.
Where an alteration is in itself immaterial it will not void an
instrument even though made with fraudulent intent.
In Missouri it has been held that any alteration material or
immaterial, made fraudulently or innocently, avoids a note in the
hands of one who made the alteration. But in a later Missouri case, it
is held, that the addition of the signature of a married woman without
a separate estate to a note already issued was a nullity and without
legal effect and therefore to be considered as no alteration and not
to discharge the original parties.
CHAPTER V
HOW TO WRITE A CHECK TO PREVENT FORGING
How a Paying Teller Determines the Amount of a Check--Written Amount
and Amount in Figures Conflict--Depositor Protected by Paying
Teller--Chief Concern of Drawer of a Check--Transposing
Figures--Writing a Check That Cannot Be Raised--Writers Who Are
Easy Marks for Forgers--Safeguards for Those Who Write Checks--An
Example of Raised Checks--Payable "To Bearer" is Always a
Menace--Paying Teller and an Endorsement System Must Be Observed in
Writing Checks--How a Check Must Be Written to Be Absolutely Safe--A
Signature that Cannot Be Tampered with Without Detection--Payi
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