Spangler v. Pugh
Illinois Supreme Court
This was an action of assumpsit by the appellant, against the appellee, upon a promissory note. The declaration sets out the legal effect of the note as follows, viz : The said defendants made their promissory note in writing, bearing date a certain day and year therein mentioned, to wit: the day and year aforesaid, and thereby promised to pay, one year after the date thereof, to the said plaintiff, or order, two thousand five hundred and seventy-nine dollars and fifty-seven…
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This was an action of assumpsit by the appellant, against the appellee, upon a promissory note. The declaration sets out the legal effect of the note as follows, viz : The said defendants made their promissory note in writing, bearing date a certain day and year therein mentioned, to wit: the day and year aforesaid, and thereby promised to pay, one year after the date thereof, to the said plaintiff, or order, two thousand five hundred and seventy-nine dollars and fifty-seven cents, with sis per cent, interest per annum, from date until paid, for value received. The appellant plead the general…
1Opinion of the CourtWalker, J.
The alleged variance in this case depends on the question whether the note given in evidence was the one described in the declaration. That offered in evidence was one half cent greater in amount than the one declared on. It is a familiar rule of pleading that the contract must be stated correctly, and if the evidence differs from the statement, the whole foundation of the action fails, because the contract is entire and must be proved as laid. A distinction is however made between matters of substance and matters of essential description. The former may be substantially proved, but the…
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