Mount v. Chapman

Citations

• 9 Cal. 294

Syllabus

<p>A executed a note and mortgage to B. Subsequently, A and B entered into partnership in the livery business. A was to furnish the stable, hay, and grain, and board B, and B was to attend the stable, the profits to bo equally divided, and the share of A was to be applied in discharge of the note. B received the sum of $396, A's share of the profits of the business, and then, after maturity, assigned the note and mortgage to C. 0 brought suit against A for the whole amount. A plead payment and set-off: Held, that A was entitled to the credit of the payment.</p> <p>In a judgment in a suit on a note bearing an agreed amount of interest, the interest is to be computed and made a part of the judgment, and the judgment should bear the agreed interest.</p>