Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1842-11-24
r9lPoxTAxT LEGAl prcrs1oN.

Garter, Morton Geo. In DE cirepi, Superior
g. Scourl Of Law q Chan.
Manning. and Others Gerry FOR Jefferson coun.
", Yirginia--oclober Tein, leta-
The defendants were sued a. endorssrs on Ger.
Tain drsf:s. held and owned BY the plaintiffs, =
mounting to 60 900, drawn By he 6Hn Of Ford
and Snyder. or Virginia. on houses ia ihe city 81
Baltiusore, engaged in The -four trade.
The drawsss failed. and nAds speeAi assign
mem. protecting hs defendants, 10 case OF their
liability. fofdhe drafls in question. 4
The bills were drawn By Ford q SRyder, on
houses 10 Bsl,imore, payable there. Tsey were
endorsed By The friends o. The drawers. for their
accommodates, and returned TO hen; the
drawers hen sold them in Winchester TO the
plsintlIs, who ware Brokers living in Baltimore,
aching byI,heir agent ID Winchester. who knew
ihs, they we're accommodation bills, and who
Deducted The inletes, or discount. 10 Advance, Al
the rate a, which the Banks IN Virginia discount
ed bilso negotiable no,es-that Is, althe rate Of
one hall Of one per centum for every thirty days
which he paper has to run. including days Of
grace, and slso-incl1eing The day on which the
bill Is discounted. Thus, on q note Or bill, u
sixty days. Discount is deducted By the Banks
for sisy-four dsys The bills IN question were
paid fof 10 notes Of Banks ia Virgins, which
were received on deposit. and paid ou. IS eur-
rent monsy. 81 he Banks 10 Winchester, where
The bilIs were sold bui The netss Of The Banks
which v,rs % paid for the bills, were a,a dis
Ieoan, Of 81 per cent ia Baltimore. where The
q
said bills we're made payable.
Il vas aIgaed, 90 the ,.efence, shat II az accom-
mediation bill, ia The hands Of The drawer, with
The knowl.dge Of he purchaser that !, e accom-
modalisn paper. Be sold. j, Is : lendils and bor-
rowing. and no, sale az the bill, in legal con
lempla,ion; and Il such q lending be 81 more
than six per ceetam per snaum, i Is rsatious -
That the transactions in question we're usutious.
Isl. Because Tie interest was taken in advance.
ai Thai The iatetesl received % The sums adj
vsnced. was greater than At the rate OF SIX per
een,um per snnum. -. That discount d inle-
res, va, taken for ire day on which The discount
vas made, besidesahe Interest," Ter The days which
he bills had 10 rsn. and days of grace. accord
ing 10 he usage Of The Banks in Virginia 9Th.
Because ihs bills were payable in Baltimore,
and were purchased in Winchester with hc,es Of
virsinia Banks which we're al discount Of q
per cent. IN Baltimore.
The CeuFt oser-Euisd the points made 10 he
deFeaee, snd this decision. Ne understood, was
ptineipally upon The ground that the usage o.
he Banks. ID such tEsnsseli6ns taking interest
in advance, &C. has been saneiioued and ssuIed
By The Court of Appesls and lhAliu ,htse q.
srs The privilege attaches 10 ihe character Of he
paper rather than to the person dealing 10 it.-i-
The Bank notes ID which The drafls vers paid.
being ii par il vleipia, lhe place 81 the lfansle-
lions referred %. he sh objection vas also over
rnlsa aEa Judgement rendered fss the pIiinsiis.
The esAs was argued Tor The plaintiffs " An
drew Han,sr ard Be1jsuin Lavender, Esq'rs..
and fof she defence by J n. Mason and Z
coSk., Esq'rs twill We understand, b aiken
% he coars q Appeals