Higbie v. Heath — 3 Thomp. & Cook 783

Majority

p. 783

Higbie v. Heath et al., appellants.

Headnote

Interest—compound interest—rules for computing—certificate annexed to case.

The court will not enforce a contract for the payment of compound interest; but if the debtor pays it voluntarily, it cannot be recovered back. Mowry v. Bishop, 5 Paige, 98.

When there is no certificate annexed to a case, stating that the latter contains the whole evidence, the court cannot say that a particular finding is not supported by the evidence. On the contrary, it must find that it is.

Appeal by the defendant Moses Petrie from a judgment entered upon the findings of the judge before whom the action was tried without a jury.

The action was brought by William Higbie against Gaylord Heath and others, to foreclose a mortgage originally given to executors, and assigned to the plaintiff.

O. O. Cottle, for appellant.

G. W. Smith, for respondent.

The points passed upon are given in the head-note, and it is not believed necessary to publish the opinion in full.

Judgment affirmed upon condition that plaintiff gives stipulation, etc.