
    RUSSELL vs. SHEPHERD.
    
      April 26th.
    1799 ch 17 ⅜ a, p. 41, which atithoriicd the m^interTfton Angle biiis.does not extend to note*, given before its pafláge.
    On a note given out of this flat?, the rate of intereft ihould be found by a jury.
    AN action of debt was brought in the Fayette circuit court by Shepherd against Russell, on a note of hand dated the 9th day of December 1796, for the payment of ¿49 5 11, “ lawful money pf Pennsylvania.”
    The defendant put in the plea of nil debit. The jury found for the plaintiff the debt in the declaration men-|ioned, and one penny in damages. Judgment was rendered on that verdict for the debt in the declaration mentioned, “ together with six per centum per annum” from the 1st day of April 1797, (the day the note became payable) until paid, and the damages and costs.
    9W««//, @⅛. m- F"ga,e>
    
    Russell brought the cause up by a writ of error.
   By the Court.

There is error in this, 1st, the

judgment is not warranted by the verdict which finds “one penny damage;” 2nd, the rate of interest ought to have been found by the jury, the note having been executed out of the state.

Judgment reversed.  