
    Horace S. Johnston vs. Voltaire Randall.
    Law. No. 22,852.
    < Decided November 9, 1882.
    
      Í The Chief Justice and Justices Cox and James sitting.
    A note payable ten days after date cannot be introduced in evidence to support an action on a note described as payable three days after date.
    STATEMENT OE THE CASE.
    Suit on a promissory note dated March 11,1880, described as payable three days after date.
    There were no common counts to the declaration. At the trial the plaintiff' offered in evidence a note payable ten days after date. Defendant objected, on the ground that the note sued on, and a copy of which had been served on him, was payable three days after date. The objection being overruled, the note was admitted in evidence, and judgment was entered on verdict for the plaintiff.
    Jno. E. Norris for plaintiff.
    Hagner & Maddox for defendant.
   Mr. Chief-Justice Cartter

delivered the opinion of the court.

The objection made in the trial of this case below was purely technical. Nevertheless, the variance between the declaration and the proof offered was fatal. A note payable ten days after date cannot be introduced in evidence to support an action on a note described as payable three days after date.

The judgment must therefore be reversed, with leave to the plaintiff to amend as he may be advised.  