3 F. Cas. 748
U.S. District Court
Decided May 15, 1827
U.S. District Court · decided 1827-05-15
At law. Assumpsit upon the defendant’s promissory note, payable in twelve months with interest. The declaration omitted the words “with interest.” was permitted, after offering the note in evidence, and after objection to its going to the jury on account of the indorsement of the plaintiff, to strike out the indorsements.
Decided 1827-05-15
¶1decided the variance to be fatal; there being only one count, namely, on the note.
¶2A juror being withdrawn, the plaintiff had leave to amend his declaration, and THE COURT refused to continue the cause.
¶3The note had upon its back the blank in-dorsement of the plaintiff (who was the payee) and of another person.
¶4Verdict for plaintiff, $1700.