Lis Alibi pendens – A defence of lis alibi pendens is repelled, where the pursuer produced an order of the Court of Chancery, dismissing a suit which he had instituted upon same grounds with his action in the Court of Session, and a declaration under his hand disclaiming all further proceedings in that suit.
Usury – In a loan of money to be repaid by drawing and re-drawing on a foreign merchant, the borrower agreed to pay the exchange and re-exchange: though this by the course of exchange amounted to more than legal interest, it was not usury.
Annual-rent – A loan agreed to be repaid by a certain day, bore interest after that day, though no interest was stipulated for: exchange and re-exchange, which the borrower agreed to pay, also bore interest from the day of payment: in a decree for payment of a certain sum, part of this is distinguished as principal bearing interest, and part as interest only.
Deposuum – The depositary of a South Sea subscription, was warranted in paying money, and accepting stock, as the principal must have done in terms of an act of parliament.
[1726] UKHL Robertson – 582, (1726) Robertson 582
Bailii
Scotland
Updated: 05 January 2022; Ref: scu.554231