Changing 2/29 to 3/1 after realizing it isn’t a leap year doesn’t invalidate the instrument containing the date

February 22, 2016

  • 25 Alteration of Instruments
  • 25k1 Materiality
  • 25k6 Place, Time, and Date

02-22-16.jpgWhere the due date of a note in a bank was mentioned as “2/29/19,” and after it was signed, cashier, recollecting that 1919 was not a leap year, changed the date to “3/1/19,” the change did not vitiate the note, as it would have been construed in accordance with the change made.

Whittier v. First Nat. Bank, 214 P. 536 (Colo., 1923)