case forward versus Duffield August the plaintiff in a charterparty be right  in sue on the whole penalty though only a part of it remain due but on offer  to pay principal interest and cost the defendant at law may be relieve in this  court if a obligee will put in a bad answer and insist on more than be real  due he shall lose his cost here though entitle to they at law Lord chancellor  where a have several demand against b and b pay money general to a he may  apply it to the payment of such debt as he think proper for the rule be to  loosen ad manner To take back the defendant bring a action against the  plaintiff upon the whole penalty of a charterparty where part of the money be  due only and have judgement on the whole penalty the defendant at law come  into equity to be relieve upon pay the principal and interest the plaintiff at  law be right in sue upon the whole penalty though only part of the debt remain  due and so it be in the case of a common bind a obligee though only part be  unpay may bring a action on the whole penalty but then the obligor atkins er p  be as right in bring a bill to be relieve on pay the principal interest and  cost and if the obligee will put in a bad answer and insist on more than be  real due he shall lose his cost here though entitle to his cost at law Lord  chancellor order the master to compute interest on pound S d the balance due  to the defendant from the end of three month after the land of the ship cargo  at pound per cent and that pound pay by the plaintiff to the defendant under a  order of the that of February be apply towards keep down the interest and  afterward towards sink the principal of the balance and on the plaintiff pay  the defendant the residue of what shall be find due to he for such principal  and interest with the cost that both side do deliver up the charterparty and  the defendant acknowledge satisfaction on record of the judgement obtain by he  at the plaintiff expense and in default of payment by the plaintiff at the  time appoint by the master the bill to be dismiss with cost