rua Cases ruled and adjudged in the ·
- 18g. ·
www • _ April Term, 1 789.
Home wifi: Aman, and Tertenants. lu ZZ HIS was a Spire Facia: on a mortgage given on the 4th Y 2 2, 5; I December, t77g, for fecuring the payment of £I6,0GO, ' {ter ' g, with intereil. It was tried at Clvtjler, Nyi Prim, on the B /6 .E,t1.a1..,, 1 789, before theC1·n1a1= JUSTICE, A·r1.1:ra, ard Bunn, ' é yryfire; when ir appeared, that the plaintiff was alirilyb fuhjefl,
ab · Idident in Lender: ; that Ama: Sire!/Ie was his attorney in fail, at ,?;@;)'the time of the execution of the mortgage, and after: but it g` did not appear, whether he continued to ad as fuch fubfcquent
52 • to the war. He reiided in the {late till his death, which was a- L 3 2,26 bout _ The quellion that was made in this
K2} caufe was, whether mterell ihould run durtng the war ?
{ }‘lL · The defentlant,contended, that when two independent nations ’ are at war, the debt is fufpended, and no intereft can be de¥ manded. That all intercourle was at an end, and a remittance could not be made. All trading with enemies is illegal. Park. In:. 270. 1. 2 Valinr. gr. 2 Magm:. 25 7. lf not fo at Cemmbn Law, the refoiutions of Cmgnjr made it criminal. That a {la- - tute may repeal a covenant to do a thing that is lawful before : And, a war` is equiv2l:nt to an aél; of Parliament in this cafe. That where the law prevented the payment of the principal, it never required payment of interelt, as in the cafe of a garnilhee. That whether the contracts be exprefs, and in writing, or merely by paro], the conltruétion mult be the Erme : For equity will im- ply the exception, though not exprelletl. Thus in Palilml wifi: Sbafir, the war excufetl the non-performance of an cx- prefs contraé}. Da!]. Rep. 210. So in thc cafe of thc way going crop. Drug!. 190. So in cafe of a diviiion of a riik in a poli· cy. 3. Burr. 1240. They finally tirgetl, that this point had been determined in the cafe of O_/borne vwjiu Allfiu, which was the eale of a bond ; and there the Court tletermined, that no iuterell; fhould be paid during the war. 'I` he plaintiff urged, that though debts might be fuiivended during the war. yet they revived on the peace, and were not ex- tinguiilteti. That, although the Court determined the cafe of fylmrm unfit Jligfliu ; yet they diilinguilhed that cafe from the prefeut, by urging that that cafe went on the principle of the · plaintiJ}’s
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