
    Sylvanus H. Henry, impleaded with Oliver B. Pierce, plaintiffs in error, v. The President of the Bank of Salina, defendants in error.
    
      Judgment affirmed.
    
    Wm. J. Hough, for plaintiff in error,
    FT. Hill, Jr. and George F. Comstock, for defendants in error.
   This was an action of assumpsit brought by the Bank of Salina against Henry & Pierce upon a promissory note signed by Pierce as principal and Henry as surety, payable to the bank and not negotiable. The defence was usury. The question was, as to the privilege of the principal witness, from testifying on the question of usury. (Reported 1 Comst. 83.)  