Page:United States Reports, Volume 2.djvu/139

 surnam: Cooar or Pemyyaaaia; rs; geee were defcribed in the bond as trullees for the infants. Au ;79;, abatement of interell: was claimed; but the Court held, that as vvv long asthe perfon in whom the legal interell: was veiled was here, the interell: mult run. They alfo urged, that the Federal Court had lately determined at Ne·w·Haven, that the treaty be- tween Great-Britain and America fecured, by its operation, the payment of interell during the whole war. ‘ The defendant’s counfel, in reply, {lated it as a general rule, that wherever any one is obliged by the law, or by the creditor, to keep the money, and is not allowed to pay it, he {hall pay no intereit. That the claufe in the treaty did not apply, aud was ‘ intended mcrel to guard a ainlt the operation of certain a&s of Ma land and lGrgim2s, wgich went to the cancelling of the who'; debt. It is provided that they {hall recover their juli debts : but what are their juli debts, is a quellion for the Court here to determine. Now, in a war, all intercourfe between enemies is forbidden. The {ituation of Nagle could not vary the cafe. Parke. ago. r. 2 VaL gr. 2 Mag. 25-;. He_ was out of the enem ’s lines, and he was punilhable under our a&s of Affembly, if he went within them. In the cafe of Meaji and Rhode.: there was exprefs proof, that Rbader, during the war, promifed to pay all the interell, and that put an end to the quellion. ‘ _ Br ·rr-ua Coun? :-4It has been frequently fettled, that the debt being {ufpended during the war, no interelt could arife up- on it. Of the decilion of the Circuit Court we know little, having no report of it, nor any llatement of faéls, nor in what manner it came before the Court; nor whether the counfel _ produced to the Court the treaty; or argued the caufe fo fully. · ‘ as ought to have been done, if it was intended to have the pre-. ¤ vious decilions reconlidered. If the plaintilfs mean to make it " ‘ a point, they will have an opportunity fo to do, at the return of the pfea. We are all of opinion, however, that the interell: during the war {hould be deduéled ; that is for fcven and a half ears. Y Verdit]: accordingly." Drgeryhll and Yllgbmcm, furthe plaintiff}. Scegjeemt, for thc defendant. . Bono ueiyiu HAss’s Executors. HIS was a Srire Facia: on a mortgage, dated r gth Augzy! I777, for the payment of [ 2 go. at four pct ccut, current mont y " Sec Vari: B. 4a C. a. .r. 22. ag.

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