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The Maryland Code Public General Laws, 1904
Volume 393, Page 348   View pdf image (33K)
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348 BILLS OF EXCHANGE AND PROMISSORY NOTES. [ART. 13

is remitted to his former rights as regards all prior parties, and
he may strike out his own and all subsequent indorsements,
and again negotiate the instrument, except:

1. Where it is payable to the order of a third person, and
has been paid by the drawer; and

2. Where it was made or accepted for accommodation, and
has been paid by the party accommodated.

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 instru-
ment 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 deliv-
ered up to the person primarily liable thereon.

142. A cancellation made unintentionally or under a. mistake,
or without the authority of the holder, is inoperative; but where
an instrument 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.

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 alter-
ation, he may enforce payment thereof according to its original
tenor.

Schwartz v. Wilmer, 90 Md. 141.

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;


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 348   View pdf image (33K)
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