1 Indian Terr. 572 | Ct. App. Ind. Terr. | 1898
(after stating the facts). There wei eight errors assigned. The first to the fourth, inclusivi all go to the sufficiency of the evidence to support the ve] diet and the judgment of the court. The fifth and sevent were waived by the plaintiff. The sixth is as follows: ‘ ‘Th court erred in refusing to permit the plaintiff to prove b
As to the sufficiency of the evidence: The face value f the notes in the suit is $3,781.62. The face value of the ollateral notes is $4,832, the difference being $1,050.38. All f the notes draw the same rate of interest from maturity, ad were due about the same time. The law charges the ffendants with interest on the principal note, and charges íe plaintiff with all the interest collected by it on the col-,teral notes, together with that which, but for the neglience of the plaintiff, could have been collected on the un-fflected collateral notes. On the trial, the plaintiff pro-iiced in court uncollected collateral notes of the face value, ithout interest, of $1, 219.18, leaving abalance of $3,612.82. ,s to this last amount, there is no proof but that it was all )llected by the plaintiff, with whatever interest there may we been due upon it, and none of the notes covering this nount were produced at the trial, nor any explanation ven for their nonproduction. Under these circumstances, .e law requires that this amount shall be credited to the Biyment of the principal note. Goleb. Collat. Sec. § § 106, B-2. And inasmuch as these notes were drawing interest at fte same rate, and were due at the same time as the prin