OF THE STATE OF ARKANSAS. 447 Caruthers es. The Real Estate Bank. CARUTHERS VS. THE REAL ESTATE BANK. Where a declaration, in a suit by the Real Estate Bank, states a note, payable at its branch at Washington, and the note given on oyer is payable at its branch at Washing, this variance is-fatal on demurrer. Tins was an action of debt, determined in the Clark Circuit Court, in October, 1841, before the Hon. 'WILLIAM CONWAY B., one of the Circuit Judges. The Bank sued Caruthers, on a note, stated, in the declaration, to be payable . at its branch at Washington. On oyer craved, a note was filed, payable at its branch at Washing. De-murrer for the variance overruled, and judgment for the plaintiff. Trapnall 4. Cocke, for plaintiff in error, cited Sebree et al. vs. Dorr, 9 Wheat. 558; Ferguson vs. Harwood,7 Cranch, 408; Craig vs. Brown, Peters C. C R. 139; Exon vs. Russell, 4 M. 4. S. 505. Pike 4 . Baldwin, contra, insisted that the Court judicially knew that there was a branch oftthe Bank at Washington, and none at Washing, and cited Lewis vs. Few, 5 J. R. 1; Wood TS• Buckley, 13 J. R. 486 Corn. vs. Parmenter, 5 Pick. 279.
448 CASES ' IN THE SUPREME COURT By the Court, DICKINSON, J. The principle, in this case, was discussed and decided in the case of The State Bank vs. Hubbard, during the present term; and the authorities there referred to, we deem conclusive. The variance, in this instance, is fatal. The note declared on was said to be payable at the office of the Real Estate Bank at Washington. On oyer, the one produced was payable at Washing, instead of Washington. The Court below unquestionably erred in not sustaining the defendant's demurrer to the declaration. Judgment reversed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.