
    VARION vs. DEBERGUE.
    APPEAL FROM THE COMMERCfAL COURT OF NEW ORLEANS.
    
    Judgment amended for allowing five, instead or 4 per cent, interest; and for want of amicable demand, the appellee paying costs i'n both courts, after the appearance of the defendant.
    This is a suit by the endorsee of a note, ágainst the maker. The note is for $600, payable in two years from the 29th June 1837, with four per cent, interest.
    The defendant plea'ded several Matters in defence,' and ámong them, the want of amicable demand.
    There was judgment in favor of the plaintiff, for the am'óunt of the n'ote, with Jive per cent, interest, and the defendant appealed;
    
      R. Hunt, for the plaintiff.
    
      Boding Contra;
   Morphy, J:

delivered die opinion of the court.

This is d suit brought by the endorsee of a note of hand drawn by defendant on the 29th of Julie, 1837, and made payable two years after its date, with interest at the rate of four per cent, per annum. There was judgment below for plaintiff and defendant appealed.

On examining the record, we find that the judge below allowed five percent, per annum on the debt instead of four, which is stipulated in the note sued on, and prayed for in the petition; moreover it exhibits no proof of amicable demand, although the want of it is specially pleaded.

It is, therefore, ordered that the judgment of the Commercial Court he so amended as to decree defendant to pay only four per cent, per annum, instead of five, on the amount of the note, and the costs made below after the first appearance of defendant, inclusively; the remaining costs in that court and those of this appeal to be paid by the plaintiff and appellee.  