28-3-407. ALTERATION. (1) "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.
(2) Except as provided in subsection (3) of this 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.
(3) 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.
History:
[28-3-407, added 1993, ch. 288, sec. 2, p. 1041.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS
Section 28-3-402 - SIGNATURE BY REPRESENTATIVE.
Section 28-3-403 - UNAUTHORIZED SIGNATURE.
Section 28-3-404 - IMPOSTORS — FICTITIOUS PAYEES.
Section 28-3-405 - EMPLOYER’S RESPONSIBILITY FOR FRAUDULENT INDORSEMENT BY EMPLOYEE.
Section 28-3-406 - NEGLIGENCE CONTRIBUTING TO FORGED SIGNATURE OR ALTERATION OF INSTRUMENT.
Section 28-3-407 - ALTERATION.
Section 28-3-408 - DRAWEE NOT LIABLE ON UNACCEPTED DRAFT.
Section 28-3-409 - ACCEPTANCE OF DRAFT — CERTIFIED CHECK.
Section 28-3-410 - ACCEPTANCE VARYING DRAFT.
Section 28-3-411 - REFUSAL TO PAY CASHIER’S CHECKS, TELLER’S CHECKS, AND CERTIFIED CHECKS.
Section 28-3-412 - OBLIGATION OF ISSUER OF NOTE OR CASHIER’S CHECK.
Section 28-3-413 - OBLIGATION OF ACCEPTOR.
Section 28-3-414 - OBLIGATION OF DRAWER.
Section 28-3-415 - OBLIGATION OF INDORSER.
Section 28-3-416 - TRANSFER WARRANTIES.
Section 28-3-417 - PRESENTMENT WARRANTIES.
Section 28-3-418 - PAYMENT OR ACCEPTANCE BY MISTAKE.