The Archive · 1927

A Question of Interest

'TaiFis an interesting point of law, namely, whether on an action' jin these. Courts on a foreign judgment, interest due on that judgment is recoverable in addition to the sum set forth in the judgment of the foreign Court. It is not Statute haw which governs actions foreign judgments in these Courts; it is a custom which hi grown up Jand become that which, in legal] phraseology, is called a rule of law, Jand the procedure and the law on [the subject have to be gathered from ious legal decisions.

Te has been, dificult, for several reasons to find completely definite decision on the point now at issue, ore reason be-jing that the cases citable on the point of law, wre casex of the past, in the days' when the reports of Jeanes were very meagre, and with Tew facts set out.

'Mr. Lipson Ward and Mr. Holborow who have most ably argued the point of law, ocensionally citing: the same cases, each maintaining' they were in favour of his own' particular argument. On behalf of! the plaintifty, it is argued that the simple contract debt, that in the|{% present action is an action on a

Courts of New York, as soon as judgment is given, the obligation to pay interest at once attaches to the judgment and becomes part of that judgment and remains so until it ig satisfied, that there is no need wet out in the judgment the amount of interest due, the Judgment] includes it by the statutory Inws of the fozign Court and that this 'a case in which these Courts could!

In H.M, Supreme Court. on Wedn' day, Judge Grain gave his decision fu the case of the National Aniline Chemical Ca. against Messrs. H.

Text read from the printed page and cleaned; old type leaves the occasional error.

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