
    FALLIS FOR ANTRIM v. HOWARTH, ET AL.
    Variance in describing note — evidence—leave to amend.
    A note dated the 19th of January, cannot be given in evidence under a declaration describing its date the 17th of January.
    Where there is a misdescription of the note the plaintiff may amend on payment of costs.
    Assumpsit on a promissory note for $¡200, dated 17th January, 1829, payable to Fallís or hearer; endorsed by him to Hay, and by Hay to Antrim..
    
      T. Corwin, for the plaintiff,
    offered the note in. evidence.
    ' W. R. Cole, for the defendant,
    objected a variance. The declaration describes a note dated the 17th of' January; that offered is dated the 19th of January, and is not the same.
   By the Court.

The objection is well taken in point of fact, and must he sustained. The note offered is not the one declared upon.

The plaintiff asked and obtained leave to amend on payment of costs.  