California Supreme Court, 1853

Cotes v. Campbell

Cotes v. Campbell
California Supreme Court · Decided July 15, 1853 · Heydenfeldt
3 Cal. 191

Cotes v. Campbell

Opinion of the Court

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.

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