Sec. 42a-3-407. Alteration. - Connecticut Statutes

      Sec. 42a-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), 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.

      (1959, P.A. 133, S. 3-407; P.A. 91-304, S. 44.)

      History: P.A. 91-304 substantially revised section and replaced numeric Subsec. indicators with alphabetic Subsec. indicators.

      Annotations to former statute (1958 Rev., S. 39-125):

      Effect of alteration of note which has been paid so that it may be reissued as not due. 89 C. 594. "Alteration," as used in statute, implies an intentional act. Accidental obliteration is not an alteration. 128 C. 248.

      Annotations to present section:

      Cited. 156 C. 243. Cited. 202 C. 277. Cited. 233 C. 304; Id., 352. Cited. 242 C. 17.

      Plaintiff bank is holder in due course of note sold to it by freezer-food company based on contract negotiated by company with defendant. Defense that note did not have any sum entered on it when signed by defendants is not available against plaintiff holder in due course. 4 Conn. Cir. Ct. 620. Cited. Id., 625. Defendant endorser who consented to insertions and alterations of checks is disqualified from attacking their validity and his liability thereon. 5 Conn. Cir. Ct. 405.