Henry v. Hinman

In this case, after a verdict, a new trial was granted by the court below, on two grounds: First. That the court should have excluded a note offered by plaintiff, because of a variance between the note described in the complaint, and the one offered on the trial. As to the note, the defendant, in his answer, “ denies that he ever, at any time or place, made, executed and delivered the promissory note mentioned and described in said plaintiff’s complaint, and says that the said promissory note, so mentioned and described in said complaint, was obtained from this defendant by one William…