Cotes v. Campbell

California Supreme Court

Cotes v. Campbell

3 Cal. 191

CourtCalifornia Supreme Court

DecidedJuly 15, 1853

StatusPublished

Cited by4 cases

This text of 3 Cal. 191 (Cotes v. Campbell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cotes v. Campbell, 3 Cal. 191 (Cal. 1853).

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Opinion

Heydenfeldt, Justice,

delivered the opinion of the court. Wells, Justice, concurred.

The plaintiff declared upon a note made by one M’Kinley and one Campbell. To sustain the declaration, he offered in evidence a note signed H. B. M’Kinley and C. Campbell & Co.

No principle is better settled than that the allegations and [192]*192proofs must correspond. In this ease the variance was in important and substantial particulars, and is, therefore, fatal.

The note should have been excluded on the objection of the defendant.

The judgment is reversed, and the cause remanded.

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Heydenfeldt, Justice,

delivered the opinion of the court. Wells, Justice, concurred.

The plaintiff declared upon a note made by one M’Kinley and one Campbell. To sustain the declaration, he offered in evidence a note signed H. B. M’Kinley and C. Campbell & Co.

No principle is better settled than that the allegations and [192]*192proofs must correspond. In this ease the variance was in important and substantial particulars, and is, therefore, fatal.

The note should have been excluded on the objection of the defendant.

The judgment is reversed, and the cause remanded.

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Bluebook (online)

3 Cal. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotes-v-campbell-cal-1853.

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