
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 Excerpt:...in Park on Ins., 301; 1 Marshall, 413; Neilson v. Columb. Ins. Co., 3 Caines, 108; Lavabre v. Wilson 1 Dough, 284; 1 Phil. Ins. (2d ed.), 537; Kitlel v. Wiggin, 13 Mass., 72; Robertson v. Col. Ins. Co., 8 Johns., 491; Maryland his. Co. v. LeRoy, 7 Cranch, 26; Phelps v. Auldjo, 2 Camp., 350; Marshall, 522; 1 Phil. Ins., 514, 516; Stocker v. Harris, 3 Mass., 409; Kittell v. Wiggin, 13 Mass., 68; Brazier v. Clapp,5 Mass., 1; Curtis' Treatise on Maritime Law, 236.) INTEREST. Interest is not recoverable on a running or unliquidated account, unless there is an agreement, either express or implied, to pay interest.--Esterley v. Cole, 1 Barbour's R.,p. 2.35. N. Y. (1848.) (parker, J., cited Neieall v. Griswold, 6 Johns. Ch., 45; Trotter v. Grant, 2 Wend., 413; Wood v. Hickok, 2 Wend., 501.) Interest upon interest cannot be collected by law, except upon an agreement to pay it, made after the day of payment has passed. But if it be paid voluntarily it is not usury.' And it may be lawfully included'in a note, by the agreement of the parties; without rendering such note usurious. But a reservation, in a new security, of compound interest which had accrued upon a sum previously due, made against the will of the debtor, and as condition of forbearance upon the new security, affects the new security with usury, and renders it void.--Townsend v. Corning, 1 Barbour's R., p. 627. N. Y. (1848.) I /gridley, J. cited Kellog v. Hickok, 1 Wend,, 521.) JUDGE--DEATH OF. Where a party has lost the benefit of a bill of exceptions tendered to the ruling of a judge at nisi prius, or at the assizes, by the death of the judge, and without any default on his own part, it is not competent to another judge of the Court out of which the record issues, to seal th« bill of exceptions. But...
Page Count:
134
Publication Date:
2012-01-01
ISBN-10:
1130513084
ISBN-13:
9781130513080
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