Cotes v. Campbell
California Supreme Court
Cotes v. Campbell, 3 Cal. 191 (Cal. 1853)
Heydenfeldt
Cotes v. Campbell
Opinion of the Court
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
The note should have been excluded on the objection of the defendant.
The judgment is reversed, and the cause remanded.
Reference
- Full Case Name
- WILLIAM COTES v. CHARLES CAMPBELL
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Where the plaintiff declared upon a note made by one M'ICinley and one Campbell, and gave in evidence a note signed by H. C. M'ICinley and C. Campbell & Co., held, that the variance was important and substantial, and that the District Court erred in admitting it in evidence.