Henry v. Fay

Opinion by

Walker, P. J.

§ 834. Variance between description of note sued, on and the note offered in evidence; rules as to; case stated. Appellant sued appellee in the county court of Cooke county upon a promissory note. Appellee resided in another county. The petition set out the note sued upon in hcec verba, and alleged that defendant had therein promised to pay the same in Cooke county. The note, as set out in the petition, contained the words, “payable at Gainesville Bank.” The note offered in evidence, and admitted over defendant’s objections, read “ payable at Goneville Bank.” Defendant…