Cases Decided in the Supreme Court of the Cape of Good Hope [1828-1849] Volume 1

Cases Decided in the Supreme Court of the Cape of Good Hope [1828-1849] Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the bond was given to the creditor therein named, for the amount of two private bonds due to him by J. M. Horak, q.q., and thereupon discharged together with one year's interest, then due on said bonds. Which accumulation of an arrear of interest with capital, Denyssen, for the defendant, maintained, to be anatocismus, and therefore unlawful, and quoted 1. 28, Cod. de Usuris (4. 32); Voet 22: 1, 20; Van Leeuwen, Cens. For. p. I., L. 4, c. 4, 27. He only maintained this objection to the extent, that no interest can legally be demanded on that part of the amount of the bond, which is composed of said arrear of interest. Cloete, contra, maintained, that the transaction in question did not amount to anatocismus, and quoted Voet 22: 1, 20 in fine, and the exception of anatocismus is not competent against a bond fide assignee, which the plaintiff in this case was. Postea (12th June, 1828).--The Court held, that it was unnecessary to inquire, whether the provision of the Roman Law against anatocismus, had been received into the Law of Holland (vide Van Leeuwen, Rom. Dutch Law, b. 4, c. 7, 6, p. 341, Eng. ed.); because, even if they had been, anatocismus, at the very most, merely barred a demand for interest on what was interest, and did not vitiate or annul the bond accumulating interest with capital, even in a question between the original creditor and debtor; and because anatocismus cannot be founded on, or pleaded against, a bond fide onerous assignee of a bond, which sets forth in gremio a legal causa debiti. And granted provisional sentence, with costs. Deneys V. Stoffberg. 5th June, 1828. Costs, --when to be paid before proceeding in the same case. In this case, the plaintiff claimed provisional sentence. Deneys more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236633148
  • 9781236633149