Jacksonville, Northwestern & Southeastern Railway Co. v. Brown

Citations

• 67 Ill. 201

Syllabus

<p>1. Variance. Where the declaration upon a contract of subscription described the contract as containing the ordinary dollar mark prefixed to the figures 500.00, set opposite the defendant’s name, a contract, without such mark prefixed to the figures, or to any in the column, and where there is nothing in the instrument to indicate that the sum set opposite the defendant’s name, meant so many dollars, is variant from that described, and not admissible in evidence under the pleadings.</p> <p>2. It was insisted, that as the defendant had given his note for fifty dollars, which stated that the sum therein mentioned wras ten per cent of his subscription to the capital stock of the company, which was declared on in another count, would explain the contract of subscription, but it was held, that it could not avoid the variance; If the plaintiff had declared generally, in the indebitatus counts, for calls or installments due, and proved the execution of the instrument, the indebtedness might have been established by the recital in the note.</p>