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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 293   View pdf image (33K)
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ART. 13] DISCHARGE OF NEGOTIABLE INSTRUMENTS. 293

1904, art. 13, sec. 141. 1898, ch. 119.

141. The holder may expressly renounce his rights against any
party to the instrument, before, at, or after its maturity. An absolute
and unconditional renunciation of his rights against the principal
debtor made at or after the maturity of the instrument discharges the
instrument. But a renunciation does not affect the rights of a holder
in due course without notice. A renunciation must be in writing,
unless the instrument is delivered up to the person primarily liable
thereon.

Ibid. sec. 142. 1898, ch. 119.

142. A cancellation made unintentionally or under a mistake, or
without the authority of the holder, is inoperative; but where an instru-
ment or any signature thereon appears to have been cancelled the burden
of proof lies on the party who alleges that the cancellation was made
unintentionally, or under a mistake, or without authority.

Ibid. sec. 143. 1898. ch. 119.

143. Where a negotiable instrument is materially altered without
the assent of all parties liable thereon, it is avoided, except as against
a party who has himself made, authorized, or assented to the alteration
and subsequent indorsers.

But when an instrument has been materially altered and is in the
hand of a holder in due course, not a party to the alteration, he may
enforce payment thereof according to its original tenor.

The last clause of this section changes the prior existing law. This section
has no application to a note executed prior to its adoption. Schwartz v.
Wllmer. 90 Md. 143.

Ibid. sec. 144. 189S, ch. 119.

144. Any alteration which changes:

1. The date;

2. The sum payable, either for principal or interest;

3. The time or place of payment;

4. The number or the relations of the parties;

5. The medium or currency in which payment is to be made;

Or which adds a place of payment where no place of payment is
specified, or any other change or addition which alters the effect of the
instrument in any respect, is a material alteration.

CHAPTER X—Bills of Exchange; Form and Interpretation.

Ibid. sec. 145. 1898, ch. 119.

145. A bill of exchange is an unconditional order in writing
addressed by one person to another, signed by the person giving it,
requiring the person to whom it is addressed to pay on demand or at a
fixed or determinable future time, a sum certain in money to order or
to bearer.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 293   View pdf image (33K)
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