Page:United States Reports, Volume 1.djvu/228

Rh 

1787.

ufury was compleat on the Defendant's accepting them, as thereby the original contract between the parties was extinguifhed. And by M‘KEAN, Chieƒ Juʃtice.– It is well eftablifhed, that the receipt of one thing in fatisfation of another, is a good payment ; as the acceptance of a horfe in lieu of a fum of money ; or of a bond by a third perfon in difcharge of a prior obligation.

Fourth.– left it to the Jury to determine whether, on certain facts the Defendant had loaned the money, or purchafed the note in queftion: For, they RESOLVED, that a fair purchafe might be made of a bond or note, even at 20 or 30 per cent.  difcount, without incurring the dangers of ufury ; and, if, upon the prefent occafion the Defendant had run the rifque of  a forgery, the prefumption ought to operate in her favor, that, for this reafon, fhe had brought the note at a depreciated price.

Sergeant and Bradƒord, for the Plaintiff.– Lewis, Ingerʃol and Dallas for the Defendant. Rh