Nickels v. Gilmore

I. L. Gilmore recovered judgment in the court below against J. A. Nickels on the last two of a series of nine notes for $250 each, executed by the defendant, from which this appeal by writ of error is prosecuted.

1. By appropriate assignments and propositions, plaintiff in error contends that there was and is a material and fatal variance between the allegations and proof, in this, that the petition described the notes as payable “to the order of I. L. Gilmore,” whereas the notes offered in evidence were payable “to the order of I. L. Gilmore, Mgr. Neverchoke the Republic National Bank of…