§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.
Acts 1992, No. 1133, §3, eff. July 1, 1993; Acts 1993, No. 948, §10, eff. Jan. 1, 1994.
Notes of Decisions
Cited in
12
cases, 1981–2010 · leading case:
Stanfield v. White, 535 So. 2d 753 (La. Ct. App. 1988).
Stanfield v. White, 535 So. 2d 753 (La. Ct. App. 1988).
· cites it 9× “LSA-R.S. 10:3-407. Changes made with fraudulent intent “may operate as a discharge.”
Ouachita Nat. Bank v. Palowsky, 570 So. 2d 114 (La. Ct. App. 1990).
· cites it 2× “R.S. 10:3-407 provides in pertinent part: (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…”
Innovative Hosp. Sys., L.L.C. v. Abe's Inc., 52 So. 3d 313 (La. Ct. App. 2010).
· cites it 2× “10:3-407 states that: 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…”
Whitney Nat. Bank of New Orleans v. Derbes, 436 So. 2d 1185 (La. Ct. App. 1983).
· cites it 3× “However, replacement R.S. 10:3-407 provides: Alteration (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…”
Whitney Nat'l Bank of New Orleans v. Derbes, 436 So. 2d 1185 (La. Ct. App. 1983).
· cites it 3× “However, replacement R.S. 10:3-407 provides: Alteration (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…”
Bank of Greensburg v. Forrest, 520 So. 2d 728 (La. 1988).
“" [23] LSA-R.S. 10:3-407 provides in pertinent part: "(1) Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in * * * * * * "(b) an incomplete instrument, by completing it otherwise than as…”
State v. New Orleans Auto Title Co., 519 So. 2d 810 (La. Ct. App. 1987).
“R.S. 10:3-407 provides, in pertinent part, as follows: (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…”
Hughes v. Talley, 400 So. 2d 253 (La. Ct. App. 1981).
“” Under R.S. 10:3-407(l)(c) Mrs. Hughes made a material alteration to the instrument by writing in an interest rate after the maker signed the note.”
Calahan v. Midland Risk Ins., 743 So. 2d 690 (La. Ct. App. 1999).
· cites it 6× “Midland Risk asserted that “pursuant to the provisions of Louisiana R.S. 10:3-407, the conduct of the plaintiff in fraudulently altering the check issued in *692 payment of this loss effectuates the discharge of MIDLAND RISK INSURANCE COMPANY from any obligation herein.”
Delta Bank & Trust Co. v. Chisholm, 601 So. 2d 345 (La. Ct. App. 1992).
· cites it 2× “R.S. 10:3-407, which reads: (1) Any alteration of an instrument is material which changes the contract of *347 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…”
Ebrahimpour v. Bozorg, 668 So. 2d 434 (La. Ct. App. 1996).
“R.S. 10:3-407, plaintiff can only enforce an instrument which was completed contrary to the maker’s authorization if he is a holder in due course.”
La. Rev. Stat. § 10:3-407(1): 2 cases
Ouachita Nat. Bank v. Palowsky, 570 So. 2d 114 (La. Ct. App. 1990).
“R.S. 10:3-407 provides in pertinent part: (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…”
Stanfield v. White, 535 So. 2d 753 (La. Ct. App. 1988).
“LSA-R.S. 10:3-407. Changes made with fraudulent intent “may operate as a discharge.”
La. Rev. Stat. § 10:3-407(2)(a): 3 cases
Stanfield v. White, 535 So. 2d 753 (La. Ct. App. 1988).
“LSA-R.S. 10:3-407. Changes made with fraudulent intent “may operate as a discharge.”
Whitney Nat. Bank of New Orleans v. Derbes, 436 So. 2d 1185 (La. Ct. App. 1983).
“However, replacement R.S. 10:3-407 provides: Alteration (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…”
Whitney Nat'l Bank of New Orleans v. Derbes, 436 So. 2d 1185 (La. Ct. App. 1983).
“However, replacement R.S. 10:3-407 provides: Alteration (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…”
La. Rev. Stat. § 10:3-407(b): 1 case
Innovative Hosp. Sys., L.L.C. v. Abe's Inc., 52 So. 3d 313 (La. Ct. App. 2010).
“10:3-407 states that: 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…”
La. Rev. Stat. § 10:3-407(l)(c): 2 cases
Stanfield v. White, 535 So. 2d 753 (La. Ct. App. 1988).
“LSA-R.S. 10:3-407. Changes made with fraudulent intent “may operate as a discharge.”
Hughes v. Talley, 400 So. 2d 253 (La. Ct. App. 1981).
“” Under R.S. 10:3-407(l)(c) Mrs. Hughes made a material alteration to the instrument by writing in an interest rate after the maker signed the note.”
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