The late Sudder Court on the 29th April 1864 Hd that the case was exceptional ; us the owner of twelve of the vilages was the sole mortgagee of the whole Talooka of 1G vilages so much of the mortgage debt as was due from these 12 villages was duo from himself to himself ; and if paid to him by the plaintiffs would be. [...] 10 700 was not included in the original mortgage on account of which the mortgagee enjoys the profits that this amount is subject to interest and that the interest according to the law in force at tile time the loan was contracted cannot exceed the amount of the principal. [...] These observations dispose of the 1st and 2nd pleas and partially of the 11rd objection whteh however is fully net by the Judge who acting in accordance with the jnstructions laid down for his guidance in the late Sudder Court's decision of the 29th April 1864 * finds that the plaitiffs had tendered the full amount of the ratable share of the debt due by the villages on account of which the [...] A principal and two sureties executed in favor of a Bank& joint bond to secure the payment of a sum placed to the cash credit kon account of.the principal together with interest and the premia on a policy of Life Assurance within one year from the date of the bond : at the end of the year a considerable sum remained unpaid : but the principal cotinued dealing with the Bank and the account was [...] In a suit brought by the Bank against the sureties to recover the amount due at the end of the first year it was held ; that in asmuck as the whole account from the date of the bond to the end of the principal's dealing with the Bank had been treated as a running account ; all pay merits made by the principal to the Bank were to he appropriated to the earliest items in the account : and inasmuch
- Published in
- Unset
