Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument... The Pacific Reporter - Page 2921916Full view - About this book
| New Jersey. Supreme Court - 1920 - 584 pages
...That question he therefore submitted to the jury, and in connection therewith charged that when a note has been materially altered, and is in the hands of...a party to the alteration, he may enforce payment according to the original tenor. That was correct in law. Comp. Stat., p. 3719, § m. Finally, the... | |
| 1916 - 1108 pages
...4294, re-enacts the law as it was; the second sentence adds to it a new exception. It is: "But when an instrument has been materially altered and is in the...payment thereof according to its original tenor." As it seems to us, the obvious intention of this provision was to cover material alterations of a note... | |
| 1919 - 926 pages
...That question he therefore submitted to the jury, and In connection therewith charged that when a note has been materially altered, and Is In the hands of...a party to the alteration, he may enforce payment according to the original tenor. That was correct in law. 8 Q S. p. 3749, par. 124. Finally the judge... | |
| 1917 - 1194 pages
...indorsers. But when an instrument has been materially altered and ie in the hands of a holder in clue course, not a party to the alteration, he may enforce...payment thereof according to its original tenor." The prayer of the complainant's bill for the relief sought will be granted in accordance with these... | |
| Virginia - 1899 - 724 pages
...who has himself made, authorized, or assented to the alteration and subsequent indorsers. But when an instrument has been materially altered and is in the...enforce payment thereof according to its original tenor. § 125. WHAT CONSTITUTES A MATERIAL ALTERATION. — Any alteration which changes — 1. The date. 2.... | |
| 1910 - 1386 pages
...who has himself made, authorized or assented to the alteration, and subsequent indorsers. Rut when an Instrument has been materially altered and Is in the...payment thereof, according to Its original tenor." Another important provision of the statute In question is found in section 14 of article 1, viz.: "Where... | |
| 1905 - 1190 pages
...section 205 of the negotiable instruments law (Laws 1897, p. 745, c. 612), which declares that, "when an instrument has been materially altered and is in the...payment thereof according to its original tenor." If it be assumed, therefore, as the court below has found, that the plaintiff is an innocent holder... | |
| Maryland - 1898 - 700 pages
...alteration and subsequent indorsers. But when an instrument has been materially altered and is in the hand of a holder in due course, not a party to the alteration,...enforce payment thereof according to its original tenor. 144. Any alteration which changes: 1. The date; 2. The sum payable, either for principal or interest;... | |
| 1903 - 1258 pages
...has been materially altered mny be enforced according to its original tenor, provided It be In the hands of a holder In due course, not a party to the alteration. 3. SAME— QUESTION FOR JURY. Where the testimony is conflicting as to whether plaintiff Is a holder... | |
| New York (State). Supreme Court. Appellate Division - 1903 - 778 pages
...assented to the alteration and subsequent indorsers. But when an instrument has been materially akered and is in the hands of a holder in due course, not...payment thereof according to its original tenor." The case, therefore, having been tried upon a wrong theory of law, which accounts for the disposition... | |
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