Shiffer v. Mosier

Citations

• 225 Pa. 552
• 74 A. 426
• 1909 Pa. LEXIS 699

Syllabus

<p>Evidence — Written instrument — Material alteration — Addition of name of witness.</p> <p>1. The addition of the name of a witness to the signatures of a paper, after its execution, without the knowledge or consent of the obligors, is a material alteration, which renders the paper inadmissible in evidence.</p> <p>2. An altered instrument is so far vitiated that no recovery can be had on its original or altered terms. It cannot be considered as void for the unauthorized change and valid in other respects, but is void altogether.</p> <p>8. Any material alterations of a writing releases a party who does not consent thereto, no matter how many other parties have consented. This is so whether the alteration is fraudulent or innocent. It avoids the contract not only as to the party making it, but as to an innocent transferee, such as a bona fide assignee who was not an indorsee.</p> <p>4. Subsequent assent to a material change of a written instrument is a waiver of the right to rely upon the alteration as a defense to an action brought on the instrument; but a ratification by one of several who are parties to the instrument as originally written binds him only, and not those who do not assent.</p> <p>5. Where the name of a witness to the signatures of a contract is added after the execution of the contract, and without the knowledge or consent of the obligors, the contract is wholly void for a material alteration, and a suit cannot be maintained upon it although a copy of the agreement is attached to the statement of claim without the attestation, and the signers themselves are called to prove their own signature.</p>