Drake v. Fisher

OPINION OF

THE COURT.

This action is brought [by Josiah Drake against El wood Fisher] on several promissory notes, and an objection is made to the introduction of one of the notes in evidence, on the ground that it is not described according to its tenor, or legal effect, in the declaration. The note is ■dated at Cincinnati, 12 m. 1., 1S3T, and the declaration describes it as a note given at Cincinnati, in the state of Ohio, to wit: At Indianapolis, in the state of Indiana. And the plaintiff offered to prove that Cincinnati is in the state of Ohio, as alledged in the declaration. This, however,…