Corrman & Brurry v. Mlller & Co.

Citations

• 26 Va. 698
• 26 Gratt. 698

Syllabus

<p>B, of Harrisonburg, in Virginia, was indebted to M, of Baltimore, Maiyland, by various notes and accounts; on some of which notes usu- . nous interest was charged. In February 1868 B and M made a full settlement, by which B transferred to M judgments and debts to the amount of his debt; and it was agreed that M should prosecute these claims, and if any of them proved insolvent, that M might recover from B any deficit that remained: And M then delivered to B all his notes and accounts. Some of the claims transferred to M proved worthless; and in June 1869 B gave to M his note endorsed by C,. made and payable in Harrisonburg, for the amount of the deficit. Held: The note was founded on a new contract, on a new consideration, and the usury in the previous notes given by B to M before their settlement does not affect it.</p>