Disputed Handwriting - An exhaustive, valuable, and comprehensive work upon one of the most important subjects of to-day. With illustrations and expositions for the detection and study of forgery by handwriting of all kinds by Jerome B. Lavay
page 57 of 233 (24%)
page 57 of 233 (24%)
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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 |
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