Bodlei v Bellamy Indian interest when make principal here hear English  interest SC burr action of debt on a bind of condition to pay with Indian  interest and also on a count for a P  of mutuor for S in Michaelmas term the  Blackstone er p cause be try in London and a general verdict for the plaintiff  but by mean of the defendant delay by injunction bill c the final judgement be  not enter till this term which be for the whole the interest due have now  exceed the penalty of the bind Morton move to stay execution upon payment of  the whole penalty and cost because no evidence have be give on the P  of  mutuor but Norton for the plaintiff contend that have get a advantage at law  which the defendant may have except to in time be shall not now be strip of  that advantage by the interposition of the court but that execution shall be  take ouit for the whole sum good fide due Lord Mansfield CJ when a judgement  be once obtain on a contract carry foreign interest the subsequent Blackstone  interest must follow the rule of this country in like manner as on old  mortgage hear six per cent interest though Lord Talbot determine that the  interest when accumulate and make principal shall follow the nature of the  original debt yet Lord Hardwicke afterward settle it that it shall only hear  modern interest at five per cent I find different rule establish in our  different court with respect to this matter of interest on sum thus accumulate  and liquidate the question principal occur in our court of appeal and error in  parliament they always consider interest in the quantum of cost which be  always some specific arbitrary sum in writ of error to the exchequer Chamber t  from the court of exchequer they always compute interest to the day of affirm  the decree in writ of error from hence to the exchequer Chamber v or in this  court from the common plea the practice have be not to compute interest unless  in some special case such as stram I think the practice unreasonable therefore  in this case let Indian interest run to the day of the judgement and from  thenceforth only five per cent on the accumulate sum of principal interest and  cost to the day of execution and let execution be take out to the amount of  the whole u the nature of the contract furnish this remedy since a action may  be bring upon the judgement wonder without have recourse to the P  of mutuor  for I shall not care to have the justice of this court depend upon a blunder  in enter the verdict Dennison and Wilmot be foster absent accord N B Mr Morton  send private to the clerk of the rule that he will take nothing by his motion  so no rule I apprehend be draw up S it appear by compare this report with that  in burr that the defendant be indebt to the plaintiff in or thereabouts have  give he a bind at Calcutta in the penal sum of and that the legal interest  there be per cent that they then both reside there and the plaintiff continue  to do so the plaintiff declare in debt for videlicet one count on the bind for  the penalty and another on a P  of mutuor for the cause be try in m t in burr  it be say which must be a mistake and no evidence be give on the count for the  P  of mutuor in fact the plaintiff fiad not lend the defendant any other money  but that for which the bind be give however a verdict be give general on both  count and judgement enter accord after several delay in equity the defendant  bring a writ of error upon that judgement in the exchequer Charnber where it  be affirm and then he obtain a rule to show cause why upon payment of the  whole penalty the cost in king b and the cost of the writ of error execution  shall not be stay and satisfaction enter on the record as it be the province  of the court of exchequer Chamber to award interest at its discretion from the  time of sign judgement below to the time of affirmance Welford v Davidson burr  shepherd v Mackreth h Bla the court of KB have no power to give interest  between the time of sign judgement and affirmance but as the plaintiff have a  equitable right to it and the defendant have not apply in time to rectify the  mistake by which the plaintiff have recover more than he be legal entitle to  but have use vexatious delay the court allow the former to avail himself of  that mistake to have execution for the principal and interest I e Indian  interest to the time of judgement in king b and interest at per cent to the  time of take out execution upon the accumulate sum t before the Lord  chancellor Lord treasurer and judge of KB and c p Bac Abr error v the court of  exchequer Chamber be bind to allow double cost but it be Blackstone er p  discretionary whether interest shall be allow or not if it be it be refer to  the clerk of the error to compute it shepherd v Mackreth h Bla so interest be  allow there on a judgement of non pro Sykes v Harrison Bos p and always at the  rate of per cent ibidem u this rule for allow interest be afterward recognize  by Lord Mansfield in zinck v Langton Doug n where it be decide that a court of  error may give interest as damage on the sum recover by the original judgement  on the affirmance thereof and if by the course of such court interest be not  compute in the allowance of cost the jury in a action on the judgement may  give it in the name of damage per buller I in entwisle v shepherd TR see also  Frith v Leroux d Saxelby v hoor taunt and Tidds bring et seq ed wonder in  which case interest will be recoverable beyond the penalty for as ld KeYon  observe after judgement recover transit in remember judge MIClare v dunkin I  east the rule now establish seem to be that in a proceed upon the bind itself  no interest be allow beyond the penalty except under special circumstance  clarke v Seton Ves j where all the case on this point be consider there sir W  grant m r observe I do not say there be not case in which interest may be  allow upon a judgement though a judgement upon the bind and beyond the penalty  such case have occur where there have be great delay by writ of error c as in  Bodlei v Bellamy but it be not of course in every case ex part RushfortA Ves  jun hefford v Alger I taunt shut v proctor marsh see also the observation of  sir W grant in clarke v Lord Abingdon Ves jun and Atkinson v Atkinson ball Bea