
    James J. Dawson, Appellant, v. Henry Harrison, Respondent.
   Judgment modified so as to allow interest on the loan of $3,000, and upon the usurious payments at six per cent, with half yearly rests, and, as modified, affirmed, with costs.—

DykmáN, J.:

This is an action to procure the dissolution of a eo-partnersliip. The cause was tried before a referee to hear and determine, and the plaintiff has appealed from che judgment entered uppn his report. The determination of the case depended upon peculiar facts, and we think substantial justice has been wrought out in this exception. The judgment should be modified so as to allow interest on the loan of $3,000, and upon the usurious payments at six per cent, with half yearly rests, and, as so modified, affirmed, without costs.

Brown, P. J., and Pratt, J., concurred.  