Taylor v. Coquillard

Alexis Coquillard sued Israel Taylor in debt-on a promissory note bearing date, &c.; by which note, as averred in the declaration, the maker promised to pay the plaintiff the sum of, &c. The general issue was pleaded and the cause tried by the Court.

The note offered in evidence was payable on its face to *159A. Coquillard; and the defendant objected to its admission on account of the variance, but the objection was overruled. There was no evidence introduced but the note; and the plaintiff obtained a judgment.

The first question is, — was there a fatal variance ? The averment that the note was…