buckler VUSUS millerd usurious bind c before vent sand side raym Mod Mod side  salk lev lev show n Lutw c Cumberba the plaintiff buckler and two other  executor of Peter Becket bring debt upon a bind of l which the defendant  together with one Katherine Becket have enter into to the testator the  defendant demand oyer of the condition which be videlicet that if the  abovebound Katherine Becket and James millerd shall yearly during the life of  the say Peter Becket and the minority of mary Becket pay unto the say Peter  Becket or his assign the sum of twelve pound by equal payment upon the that  day of August and the that day of February that then the bind shall be void  the defendant plead action non for that upon the that of February when the  bind be allege to be make and before the seal thereof the say Peter Becket  beffig grandfather to mary Becket in the condition mention who be then within  age do deliver to the defendant and the say Katherine Becket l to the use of  the say mary to be pay to her when she shall be one and twenty year of age and  it be then agree that the defendant and the say Katherine Becket shall give a  bind in l penalty to the say Peter Becket and it be also then agree that the  condition shall be for the payment of l yearly for the interest thereof to the  say Peter and his assign during the minority of the say mary if the say Peter  shall so long live at the two day mention in the say condition by equal  portion and if it shall happen that the say Peter shall die before the say  mary shall be one and twenty that then the say l interest shall remain in the  hand of the defendant and the say Katherine for the use of the say mary to be  pay to her when she shall come to twentyone year of age and then to be pay to  the say mary and the defendant further say that after the bind and condition  be so Ventris er p agree one yeoman by mistake write the obligation as be in  the bind upon which the action be bring and the say defendant and Katherine  not know the mistake seal the say bind prout and that the say Peter Becket  afterward die and that only the first day of payment incur between the date of  the say bind and the death of Peter Becket videlicet the that day of August  year tertio James king and the defendant on the say that day six pound be all  that be then due to the say Peter Becket at Ventris S to bring before to  loosen and be ever after ready to pay it to he and after scilicet the first  day of December year tertio say in addition to do pay to the say Peter Becket  the say six pound which he do accept unde petit judgment c the plaintiff reply  protestand that there be no such agreement and that the say mary Becket be  still live and under age and that six pound become due upon the that of  February year quarto recently king James accord to the say condition which the  defendant have not pay hoe a preparation be verify c to this the defendant  demurrer and it be insist on for the defendant that this agreement may be  plead and aver to show the meaning of the party and to have the condition take  accord as the case of Nevison and Whitley in cro and in Jones Rep where the  condition of the bind be for payment of interest at six month as much as the  statute allow for a year and it be show to be make so by the mistake of the  scrivener and that the agreement of the party be for no more than just  interest and this be hold a good averment to save the bind from be void by the  statute of usury and a case between Lewknor and Montague be cite where the  condition of a bind be if William Montague shall do c whereas there be William  Montague the father and William Montague the son and by the averment of the  meaning of the party this be expound of the son but the whole court be here of  opinion that the averment in the case at bar be not to be admit for it will  carry the condition to another sense than the word import as to the case upon  the statute of usury there it depend upon the agreement and the party may show  any to make appear there be no corrupt agreement vide before hoe boundary the  case of bush and Buckingham and as to Lewknors case the averment be but to  ascertain which William Montague be mean and stand well with the word of the  condition but whether as the condition be pen for the payment to be during the  life of Peter Becket and the minority of mary that the payment shall determine  upon the death of Peter the court do not deliver their opinion accord to the  opinion in Brudenells case in   it will seem that it shall but the case of  cross and tooker in latch seem strong to the contrary vide that case in Popham  and in Anderson without action of attacking huge during their life hold that  the privilege shall continue to the survivor Ventris but the whole court hold  the plead of the tender insufficient because it be not say that Peter Becket  refuse otherwise if a place of payment have be in the condition and it have be  show in plead that the party which be to receive the money be not there cro  plea of tender without set forth a refusal not good lea and Exellys case and  the acceptance after the day signify nothing and upon that point the court be  of opinion for the plaintiff but judgement be not give because the party show  a inclination to compose the business