material alteration

material alteration
A change in the terms of a written instrument which gives it a legal effect different from that which it originally had. Barton Sav. Bank & Trust Co. v Stephenson, 87 Vt 433, 89 A 639. An intentional act performed upon an instrument after it has been fully executed, by one of the parties thereto, without the consent of the other, which changes the legal effect of the instrument in any respect. O. N. Bull Remedy Co. v Clark, 109 Minn 396, 124 NW 20. An alteration of an instrument which destroys the identity of the instrument or of the contract evidenced thereby, or which so changes its terms as to give it different legal effect from that which it originally had, and thus works some change in the rights, obligations, interest, or relations of the party. 4 Am J2d Alt Inst § 5. The completion of an executed but incomplete instrument, in a manner other than is authorized, so as to change the contract. UCC § 3-115(a). Elimination of words which had no legal effect at the time the contract was signed and delivered is not a material alteration. Cities Service Oil Co. v Viering, 404 111 538, 89 NE2d 392, 13 ALR2d 1448. An instrument is "materially altered" if the change increases the liability of, or injuriously affects, a party or parties. Newman v Cover, 300 Pa 267, 150 A 595.

Ballentine's law dictionary. . 1998.

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  • material alteration — n: an alteration made to an instrument that adds or deletes any provision or changes the rights and obligations of any party under it Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. material alteration …   Law dictionary

  • material alteration — noun (law) A deliberate alteration (of date, amount, etc) to a bill of exchange, etc • • • Main Entry: ↑material …   Useful english dictionary

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  • material — ma·te·ri·al 1 /mə tir ē əl/ adj 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component the material terms of the contract 4: being relevant to a subject under considerati …   Law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • alteration — Variation; changing; making different. A change of a thing from one form or state to another; making a thing different from what it was without destroying its identity. See alter. An act done upon an instrument by which its meaning or language is …   Black's law dictionary

  • alteration — Variation; changing; making different. A change of a thing from one form or state to another; making a thing different from what it was without destroying its identity. See alter. An act done upon an instrument by which its meaning or language is …   Black's law dictionary

  • material change — An expression which, in reference to a building or construction contract, is so well understood that to attempt to define it in instructing the jury is more likely to confuse than to aid the jury. Nance v Patterson Bldg. Co. 140 Ky 564, 131 SW… …   Ballentine's law dictionary

  • alteration, material — n. A change in the language of a contract that affects the rights defined by the contract. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

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