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Bennet against D. Smith and Phelps
Van Ness, J.
The case of Munn v. The Commission Company, (ante, p. 44.) is decisively against you in this point. We decided that a note made for the purpose of being discounted at an usurious interest, and indorsed for the accommodation of the maker, was void in its original formation.
Sherwood, contra, was stopped by the court.
Per Curiam.
The motion to set aside the nonsuit must be denied.
Motion denied.