To obliterate, strike, or cross out; to destroy the effect of an instrument by defacing, obliterating, expunging, or erasing it. In equity. Courts of equity frequently cancel instruments which have answered the end for which they were created, or instruments which are void or voidable, in order to prevent them from being vexatiously used against the person apparently bound by them. Snell, Eq. 498. The original and proper meaning of the word “cancellation” is the defacement of a writing by drawing lines across it in the form of crossbars or lattice work; but the same legal result may be accomplished by drawing lines through any essential part, erasing the signature, writing the word “canceled” on the face of the instrument, tearing off seals, or any similar act which puts the instrument in a condition where its invalidity appears on its face. In re Akers’ Will, 74 App. Div. 401, 77 N. Y. Supp. 043; Baldwin v. Howell, 45 N. J. Eq. 519, 15 Atl. 230: In re Alger’s Will. 38 Misc. Rep. 143, 77 N. Y. Supp. 100; Evans’ Appeal. 58 Pa. 244; Glass v. Scott, 14 Colo. App. 377, 00 Pac. 180; In re Olmsted’s Estate. 122 Cal. 224. 54 Pac. 745; Doe v. Perkes, 3 Barn. & A. 492. A revenue stamp is canceled by writing on its face the initials of the person using or affixing it. Spear v. Alexander. 42 Ala. 575. There is also a secondary or derivative meaning of the word, in which it signifies annulment or abrogation by the act or agreement of parties concerned, though without phvsieal defacement. Golden v. Fowler, 20 Ga. 404 : Win- ton v. Spring, 18 Cal. 455. And “cancel” may sometimes be taken as equivalent to “discharge” or “pay,” as in an agreement by one person to cancel the indebtedness of another to a third person. Auburn City Bank Y. Leonard, 40 Barb. (N. Y.) 119. Synonyms. Cancellation is properly distinguished from obliteration in this, that the former is a crossing out, while the latter is a blotting out; the former leaves the words still legible, while the latter renders them illegible. Townshend v. Howard, 80 Me. 285, 29 Atl. “1077. “Spoliation” is the erasure or alteration of a writing by a stranger, and may amount to a cancellation if of such a nature as to invalidate it on its face; but defacement of an instrument is not properly called “spoliation” if performed by one having control of the instrument as its maker or one duly authorized to destroy it. “Revocation” is an act of the mind, of which cancellation may be a physical manifestation; but cancellation does not revoke unless done with that intention. Dan v. Brown, 4 Cow. (N. Y.) 490, 15 Am. Dec. 395; In re Woods’ Will (Sur.) 11 N. Y. Supp. 157.
What is CANCEL?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Suing Your Landlord: How, When, Why, & Should You Bother?
- Drug Decriminalization Laws Setup For Rehaul Throughout US
- Why Trump’s Lawsuit Tactics Won’t Turn The Election
- What Is Impeachment & How Does It Work, Exactly?
- War Drafts – What You Should Know About the Return of the Draft
- Fake News: History, Laws, & Is It Going To Ruin The Election… Again?
- Privacy Laws: Why It Matters, What To Do, & Important FAQs
- Deportation: Human Rights, FAQ, & What To Do
- Flexible Spending Account (FSA): Limits, Expenses & FAQ
- Census 2020: Everything You Need To Know Before You Say No
- Best Way to Find Someone in Jail for Free
- How Do You Look up License Plate Numbers?
- What Is A Police Welfare Check?
- Best Way to Run a Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?