Michigan Compiled Laws
174-1962-3-4 - Part 4 Liability of Parties (440.3401...440.3420)
Section 440.3407 - Alteration; Definition; Discharge of Party Affected; Enforcement of Rights.

Sec. 3407.
(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), 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: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 3 - Negotiable Instruments (440.3101...440.3805)

174-1962-3-4 - Part 4 Liability of Parties (440.3401...440.3420)

Section 440.3401 - Liability; Signature.

Section 440.3402 - Liability of Parties; Signature by Authorized Representative.

Section 440.3403 - Unauthorized Signature; Effect.

Section 440.3404 - Imposter; Inducing Issuance of Instrument; Endorsement in Name of Payee; Failure to Exercise Ordinary Care.

Section 440.3405 - Definitions; Fraudulent Endorsement by Employee or Person Acting in Concert With Employee.

Section 440.3406 - Failure to Exercise Ordinary Care Contributing to Alteration or Forged Instrument; Allocation of Loss; Burden of Proof.

Section 440.3407 - Alteration; Definition; Discharge of Party Affected; Enforcement of Rights.

Section 440.3408 - Check or Draft; Operation as Assignment.

Section 440.3409 - Acceptance of Draft; Definition; Operation; “Certified Check” Defined; Refusal to Certify.

Section 440.3410 - Acceptance Varying From Terms of Draft.

Section 440.3411 - Obligated Bank; Definition; Refusal to Pay Check; Expenses or Damages Not Recoverable.

Section 440.3412 - Note, Cashier's Check, or Other Draft; Obligation of Issuer to Pay According to Terms.

Section 440.3413 - Draft; Obligation to Pay According to Terms; Amount.

Section 440.3414 - Applicability of Section; Unaccepted Draft; Dishonor; Payment According to Terms; Acceptance by Bank; Discharge of Drawer; Obligation of Drawer if Acceptor Not Bank and Draft Dishonored; Disclaimer of Liability; Suspension of Payme...

Section 440.3415 - Dishonored Instrument; Obligation and Liability of Endorser.

Section 440.3416 - Transfer of Instrument for Consideration; Endorsement; Warranties.

Section 440.3417 - Presentment of Unaccepted or Dishonored Draft; Rights of Parties.

Section 440.3418 - Payment or Acceptance by Mistake.

Section 440.3419 - Accommodation Parties.

Section 440.3420 - Conversion.