Page:Federal Reporter, 1st Series, Volume 7.djvu/43

 BBIDOBB V. SHEliOON. ���ei ���the defendants. This seems to be his right. He might be satisfled and not wish to except if the whole should stand, u'nd not if it should be chargfed against him. It is usual, •wiiefe a judginent is opened on exceptions by one party, to iender 'judgment, if one is rendered, according to lawj al- though it may be favorable to a party who bas not excepted. This opens the question as to what interest the defendants aire entitled to. By the coatract they were to hate 9 per cent, upon advances f rom the time madey and upon the price oJE stone furnished after 60 days, until re-imbursed. This is expressed to be for their services ; but compensatiou "was provided for them in the increased price for the stone. As before remarked, and as was held by the master, the prop- erty was held by the defendants for their security merely, and so were the assignments and powers of attomey nnder which they acqiiired the right to the money from! the governme'nt, and their money when that was obtained. Their advaiices "were for and their sales were to the orator, and there was no contingency about their right to repayment for the risk bf which the extra interest could be taken. Besides, it was not expressed to be for any such thing. It was for the forbear- ance of money, really, and iningling it with other things would not deprive it of that character. Under the law of Vermont, as construed by the highest court of the state, extra interest on advances made by the treasurer of a cor- poration, under a contract that he was to have it in connec- tion with other compensation for his services, was usurious. Waite y. Windham Co. Mining Co. 37 Vt. 608. The defend- ants are entitled to interest on their advances, and on the price of the stone furnished, after 60 days, because it was so agreed, but the rate must be at 6 per cent., for that is all the law allows. �The other exceptions are either to the findiugs or failure to find in respect to circumstances not directly afifecting the results, or are not well founded in view of the evidence and findings thereupon, or are wholly immaterial, so that none of them are sustained. They are too numerous to warrant ��� �