A change in the language of a written contract, made by one in whose custody a contract is placed, but who is not the agent of either party, is a spoliation.1 If a public bond is placed in the custody of a public officer, a change therein made by him is a spoliation.2 Alteration of a note by a justice of the peace with whom it has been left for collection, does not destroy its validity where the payee disavows such alteration as soon as he learns of it.3 The cases can be explained on the theory that the depository - even if in one sense the agent of one of the parties to the instrument - had no authority to make such alteration.4

Accordingly, any act done by the depository within his general authority, which effects a change in the language of the written instrument, is an alteration.5 A change made by an administrator in a note payable to himself in that capacity is an alteration and not a spoliation.6 A public official authorized to approve a bond, who changes it after execution at the time that he approves it, commits an alteration and not a spoliation.7