Tipton v. Utley

Citations

• 59 Ill. 25

Syllabus

<p>1. Allegations and proofs—variance. In an action on a promissory note, the declaration described the note as payable “in twelve months after date,” while the one offered in evidence was payable “ tw'elve months after date:” Held, there was no variance—the legal effect being the same, as neither would become due until the expiration of twelve months.</p> <p>2. It has been held that, where a note was. declared on as payable “ on or before ” a certain day, and the one offered in evidence was payable “ on ” that date, there was no variance.</p> <p>3. Qucere—whether a note payable in twelve months after date could be legally discharged by the maker before the expiration of the time the note lias to run.</p> <p>4. Excessive damages—small amount. In an action on a promissory note, where the judgment was too large by the sum of eighteen cents, the excess being simply an error in the computation of the amount found to be due on the note, it was held, the amount was too trifling to be made a ground for the reversal of a judgment.</p>