McDonough v. Heyman

Defendant in error brought assumpsit against plaintiffs in error, declaring specially and also upon the common counts. Attached to the declaration was a copy of a draft purporting to be drawn in the name of McDonough & Stevens by D. M. Brock, payable to the order of Heyman and endorsed by him.

*336It appeared upon the trial that the draft was drawn by Daniel W. Brock, claiming to act as the agent of McDonough & Stevens, and it was claimed that this was a variance, in that the initial of the middle name was "W. and not M. Admitting as claimed that there was a variance in this respect, yet it was…