on a known practice of the latter, to lend money at legal interest, if the borrower purchase from him a horse, at an unreasonable price, is a shift to evade the statute against usury. — {Bouglas v. McChesney, 2 Rand., 109.) The de- vices resorted to are often difficult, and sometimes impossible to detect; but in all cases it is a question for the jury, whether one party has had the use of the other's money, and has paid or is to pay for it, more than lawful interest in any way or manner. The jury must judge from a review of all the facts and circumstances of the intention of the parties, which lies at the foundation of the inquiry. — (3 Par. on Con., 387.)
Taking interest in advance upon discounting a note is not usu- rious, and in fact this is a recognized practice with banks and business men throughout the country, and has been sustained by deci- sions in the courts of most of the states in the Union. — {Parker v. Cousins, 2 Grat., 372 ; State Bank of N. C. v. Cowan, 8 Leigh, 238.)
' This rate was established since the revision of the statutes in 1858, by an amendatory act passed in March, 1860.
DISTRICT OF COLUMBIA. 89 greater rate is reserved than is allowed by the law, the party paying may recover back treble the amount of the excess in an action of assumpsit, provided the suit be instituted within one year from the day of payment of such excess. Contracts reserving more are vaUd, but no interest thereon is recoverable.^ In the District of Columbia, interest is awarded at the rate of six per cent, upon all judgments rendered upon contracts on the common law side of the Circuit Court.^ The law of Maryland has been in no way altered or modified, except that banks in the District of Columbia are permitted to calculate and charge their discount and interest, according to the standard and rates set forth in " Kowlett's Tables."^ By the " Act to provide for a National Currency, &c., and to provide for the circulation and redemption thereof," it is provided that every association (doing