Johnston v. Randall ( 1882 )

Mr. Chief-Justice Cartter

delivered the opinion of the court.

The objection made in the trial of this case below was purely technical. Nevertheless, the variance between the declaration and the proof offered was fatal. A note payable ten days after date cannot be introduced in evidence to support an action on a note described as payable three days after date.

The judgment must therefore be reversed, with leave to the plaintiff to amend as he may be advised.