Page:United States Reports, Volume 2.djvu/188

 i ‘r 82 Cases ruled and adjudged in the » ryp. contend. 2d. Whetherthe goods were conligned for the ufe of vw`.) the confignee, or confignor. gd. Whether a real debt was due from the confignor to the conlignee. Thefe being determined, the lawis clear, that a confi nor can {top the goods in rraryfru only in two cafes, ifi. Where he has received no corjderation 5 And, ad. Wbm tb: myigner ir iq/alomt. If the goods were not veited in the confignee, the defence, arifing from the demand of freight and indemnification, is not fuftained. The captain has received his freight in Ireland, and received an indemnifica- tion from the eonfignee. He might have pleaded this ; and as he has not done fo, the matter is left open to equitable confide- rations. The freight, in flriétnefs, is due when the gmdr are In- dan and billrfgmd. This is a rule founded on mercantile princi- ples, and the inconveniences of the oppofite doétrine. The eaufe, therefore, in the opinion of the Court, depends princi- pally, upon this fail, whether, at the time of the attachment, the property of the goods was veiled in the conlignor, or confignee. Verdift for the plaintifii, ]omas vcr/ir: L1·r·n.1=:. HE defendant’s counfel produced a certificate from a ph - T fician, fiating that the defendant had been dangeroufly ill for three weeks lafi: pall; and thereupon moved to put off the. trial. But rm; Cotmr held this to beno good caufe for putting off the trial. And, By Sr-rrrrsu, _7q,0¤1:ei If there had been an affidavit ftating, that there were material witnefies, who had not been fummoned in cmfqumre of this ficknefs; or if the plaintiff himfelf were a witnefs, to prove books or the like; that might have weight with the Court; but, as it is, the trial mult proceed. Kmcrrr wrjiu Reese. HARLES KNIGHT, father of the plaintiff, put out _ (Q {zoo at intcreit, to be divided among his four children, att eir mother’s death. The defendant was one of the trufiees named in the bond, and had received the money on the wi- dow’s dcceafe. '1`he only quefiion was, whether intercfi fhould he paid from tl·e time he received it. Br rue Couwr :—lntenelt is not to be paid by :1 mere truf- tee, for the money which he holds for the ufc of another, un- ‘ lefs

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