Title 11, Chapter 3, Section 407
( 11-3-407)
Alteration. (a) "Alteration" means (i) an unauthorized change in an instrument
that purports to modify in any respect the obligation of a party; or
(ii) an unauthorized addition of words or numbers or other change to
an incomplete instrument relating to the obligation of a party. (b) Except as provided in subsection (c) of this Code section, an
alteration fraudulently made discharges a party whose obligation is
affected by the alteration unless that party assents or is precluded
from asserting the alteration. No other alteration discharges a
party, and the instrument may be enforced according to its original
terms. (c) A payor bank or drawee paying a fraudulently altered instrument
or a person taking it for value, in good faith and without notice of
the alteration, may enforce rights with respect to the instrument
(i) according to its original terms; or (ii) in the case of an
incomplete instrument altered by unauthorized completion, according
to its terms as completed. |