Transcript Appeals

TRESPASS OF SERVANT, Liability of Master for False Imprison-
ment-Justification .

See FALSE IMPRISONMENT.

TRUSTEE, LEASE TO-Implied Liability of Cestui que Trust
See LEASE.

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174

UNCONSTITUTIONALITY-Test Oath-Ex post facto

See TEST OATH.

UNDERTAKING ON APPEAL-Recital-Inconsistency--Notice-
Contemporaneous Acts.] The reciting in an undertaking on an
appeal that the party "intends to appeal," &c., is not inconsistent
with the fact that the appeal and the giving the undertaking are
synchronous. There is no impropriety in such a recital in an
undertaking on an appeal.

FORREST V. HAVENS

USURY-New Notes-Original Consideration

See PROMISSORY NOTE. 2.

Payment of extra per cent. for Services is not.] It is not usu-
rious for a party loaning money to contract that a certain per cent.
beyond lawful interest shall be charged for time, service, and
expenses spent, performed, and incurred in procuring the money
for the accommodation of the Defendant.

The Defendant applied to Plaintiff to loan a sum of money; Plain-
tiff objected, because she had not on hand the amount desired.
Defendant urged his necessities, and agreed to pay five per cent. as
compensation for services, &c., if she would procure him the money,
&c., in addition to lawful interest. Held, not to be usurious.
THURSTON V. CORNELL.

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258

VALIDITY OF CONTRACT-Receipt of Third Party for Property