LEGAL INSTRUCTOR. 15 



ALTERATION. 



An alteration of an instrument is something by which 

 its meaning or language is changed, in a material or 

 immaterial particular. If what is written upon or 

 erased from the paper containing an instrument, have 

 no tendency to produce this result, nor mislead any per- 

 son, it will not be an alteration. 



The alteration of an instrument does not necessarily 

 avoid it ; the alteration may have been made before de- 

 livery, or by consent of parties, in which case the validity 

 is not affected. 



The holder of a bill has no right to make an altera- 

 tion in it to correct a mistake, unless to make the instru- 

 ment conform to what all parties to it agreed, or in- 

 tended it should be. 



If a note be altered in a material point, without the 

 consent of the party to be affected by it, it is void as to 

 such party, and this rule apphes to an alteration 

 changing the liability of an endorser from a conditional 

 to an absolute engagement 



The interlineation of the words "or bearer," in a due- 

 bill, is a material alteration, and if without authority, 

 will vitiate it. 



The addition of the words, "with interest from the 

 date," is a material alteration of a promissory note, and 

 avoids it. 



The alteration of a note from " I promise," to " Wc 

 promise," is not a material alteration, and does not avoid 

 the note. 



