Thornton, Conrow & Co. v. Herring

held the variance to be material and ruled out the evidence offered.

Fulton then asked leave of the court to amend the declaration with a proper description of the note in that particular, and urged the application with much earnestness, as the statute of limitations would bar another action upon it, which, after argument and a suggestion from the counsel on the other side to that effect, the court granted leave to amend on condition that a juror should be withdrawn and the case continued, the costs of this term to abide the ultimate determination of the case.