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4 Mo. 419

Dent v. Miles

Supreme Court of Missouri

Decided June 15, 1836

Supreme Court of Missouri · decided 1836-06-15

This was an action of debt by petition and summons; the plaintiff as usual and as required by the statute inserted a copy of the note sued on, the defendant pleaded five .several pleas and issues were made thereon, the court found all the issues for the plaintiff and gave judgment for the debt and damages; On the trial the plaintiff offered the note in evidence, ’the defendant objected to receiving the Same on the 'ground that it varied from that set out by the petition.

Cited by 1 later decisions — most recently February 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1836-06-15

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¶1. Opinion of the court delivered by

McGirk J.

¶2The record no where points out in what the variance 'consists, but says by consent the original is attached to the record, when we look at the original we do not see any material variance in the copy given, the word pany is spelled m the first sylable with an e and in the original, the place of the (o) seems to be occupied with {a) but of this we are not sure, and in several other words where the letter (o) should be, the letter (a) occupies its place, but upon an inspection of the whole writing, it seems to us that the writer of the note makes his (o) nearly, though not quite like some writers’ make their (a.) — No other discrepency is discovered by us, except the word'promise in the copy, is spelled in the usual way, and in the original, the word seems to be spelledprom'ce; and the word dollars in the original is not very plain. For want of some better defence, the circuit court did well enough to give judgment for the plaintiff. Judgment affirmed.

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