Cotes v. Campbell
WILLIAM COTES v. CHARLES CAMPBELL
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.
The plaintiff declared upon a note made by one M’Kinley and one Campbell. To sustain the declaration, he offered in evidence a note signed H. B. M’Kinley and C. Campbell & Co.
No principle is better settled than that the allegations and *192proofs must correspond. In this ease the variance was in important and substantial particulars, and is, therefore, fatal.
The note should have been excluded on the objection of the defendant.
The judgment is reversed, and the cause remanded.
Cited by
- Weinreich v. Johnston No. 12624 · 1889-02-20
- Harrison v. McCormick No. 9215 · 1886-05-26
- McCord v. Seale No. 7,718 · 1880-07-01