Fallis v. Howarth 1 Ohio Ch. 303

FALLIS FOR ANTRIM v. HOWARTH, ET AL.

Variance in describing note — evidence—leave to amend.

A note dated the 19th of January, cannot be given in evidence under a declaration describing its date the 17th of January.

Where there is a misdescription of the note the plaintiff may amend on payment of costs.

Assumpsit on a promissory note for $¡200, dated 17th January, 1829, payable to Fallís or hearer; endorsed by him to Hay, and by Hay to Antrim..

T. Corwin, for the plaintiff,

offered the note in. evidence.

' W. R. Cole, for the defendant,

objected a variance. The declaration describes a note dated the 17th of' January; that offered is dated the 19th of January, and is not the same.