East Tennessee, Virginia & Georgia Railroad v. Branner's

Turkey, J.,

delivered tlie opinion of the court:

This canso ivas decided at a former -day of the term, and is again before us on a petition to rehear.

The facts are, on the 18th day of June, 1866, the plaintiff in error, by its president, John R. Branner, and its secretary and treasurer, John Keys, executed to Samuel Shoemaker, its note, payable on demand, interest payable-quarterly, for twenty-five thousand dollars, with interest at 8 per cent. [This note was made while the act of 1869-70, ch. 69, allowing- a conventional rate of interest not to exceed ten per cent, per annum, was in force, and…