N.Y. Uniform Commercial Code 3-407 – Alteration
Section 3–407. Alteration.
Terms Used In N.Y. Uniform Commercial Code 3-407
- Contract: A legal written agreement that becomes binding when signed.
- Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
(1) Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in
(a) the number or relations of the parties; or
(b) an incomplete instrument, by completing it otherwise than as
authorized; or
(c) the writing as signed, by adding to it or by removing any
part of it.
(2) As against any person other than a subsequent holder in due course
(a) alteration by the holder which is both fraudulent and
material discharges any party whose contract is thereby
changed unless that party assents or is precluded from
asserting the defense;
(b) no other alteration discharges any party and the instrument
may be enforced according to its original tenor, or as to
incomplete instruments according to the authority given.
(3) A subsequent holder in due course may in all cases enforce the instrument according to its original tenor, and when an incomplete instrument has been completed, he may enforce it as completed.