Page:Federal Reporter, 1st Series, Volume 7.djvu/30

 18 nDBBAI* ABPORTSB. �pensation, interest.aiid advancos. Suit in equitj was biought by A. agaiust S. & S. for such balance, and. upon exceptions to the master'i report to whom the cause -waa referred, it was held : �S. Effbct of New Upon Old Contract. �The defendants cannot fetait the bonus of $3,520.32 for indorsing A. 's paper. The contract subaequently drawn up betweea the par- ties, wliile embracing several of the aubjects of the former contract, made no provision as to its eifect on this item, and to that estent Buperseded it. �$. Amount of Rkcovebt bt Purchabbb of Note at Discount. �The defendants having purchased for themselves, and being now holders in their own right of the notes of A. to B., are entitled to be allowed their face value, $20,000, although they paid B. but $13,000 for them, and although A. supposed that the purchase was made in the service of their mutual and respective interests, and that only what was paid for them would be charged as an advance under the contract. Even if the defendants had expressly told A. that they would buy the notes and let him have them for what they cost, it is difflcult to see where there is any consideration to bind them to do it. �4. CoNCXTisioN OF Mastjœb not Wabranted bt thk FiNDma — Rnvis- lON OF FiNDiNG bt Court. �The master having disallowed the defendants' claim of $20,000 stip- ulated profit, exceptions thereto were su^tained, it appearing that, although the master found the fact that the full agreement, in fixing the pricos for atone, provided an increase large enough to cover the $20,000, he did not flnd any agreement of the parties to so include it. Ou recommitment the master found that the parties aoagreed,.: and the court ref used to review his finding. The court will not revise a finding of the master, upon disputed questiona of fact, determined as matters of fact upon conflicting testimony. �8. CONSTRUCTIOir OF CONTRACT. �The defendants are not entitled to any allowance for repairs on machinery furnished and operated by the orator. The contract 'that defendants shall fumish necessary machinery and machine shopa, ezcept blaat machinea and rubbers, and keep the same in repair, con- strues itself further on, in the same connection, by declaring that the orator shall only be liable to pay for certain specifled things, not in- cluding repairs. • ; . �«. Loa» Mu8T Fall ow EQT7iTABi;Hi Ownbb of THE Pbopbrtt LOOT. A cargo of the stone having been lost while in transit ta itis desti- nation, the loss must fall on the orator, the equitable owner of the stone ; not on the defendants, who were owners for their own aecurity merely, and beyond that held the legal title for the orator's benefit. �7. JU.TB of Intbrbst Dbtbbminbd bt THK Lex Loci Oontbaotus — �Ihtbrest Not Dira on Monbt Dbtainbd undkr Thusthb Pbocebb. �The contract being made in Vermont, the orator could'recover at �mcst only 6 percent, the legal rate nf inteieat In that state; and it ��� �