case BALSH versus hyham refer to Fraser v Murdoch App Cas Lord chancellor king  Eq can ab pl a who be a trustee for b of pound Southsea stock at the desire of  b borrow pound on this stock of the company and b receive the money a pay the  pound per cent upon the late act to be discharge of the loan though b forbid  the payment yet he be liable the plaintiff be a trustee for the defendant of  pound Southsea stock and at his desire in borrow of the company pound on a  mortgage of the stock the defendant the beneficiary and trust receive the  money borrow afterward the act of parliament Geo sess sect be make which  provide that if any of the borrower will pay to the company pound per cent  before such a day they shall be discharge of the rest of the money borrow the  defendant the beneficiary and trust direct the trustee not to pay the pound  per cent allege that he think the borrower be not oblige to pay to the company  the money borrow but that it be in the election of the borrower to forfeit the  pledge there be some attempt to prove a agreement by the plaintiff the trustee  and other to pay the money borrow in peer William compassion to the defendant  the beneficiary and trust and in regard to the loss by he sustain but that  proof be deficient the plaintiff who have thus mortgage his stock to the  company and have permit the defendant to receive the money pay the pound per  cent and bring a bill equity to recover it as lie out for the defendant  whereupon for the defendant it be insist that this be a officious payment of  the pound per cent against his express direction which as the defendant  counsel object be not recoverable at law for the act of parliament have the  money be recoverable there will have give to the company more than pound per  cent for the money borrow or at least will have make it compulsory upon the  borrower to have pay this pound per cent and although there have be verdict at  the suit of the company against one of the borrower yet that be not against  the defendant it be res inter elsewhere acta and may have be recover on a  faint defence and therefore ought not to be any evidence against the defendant  quod cur to go away then the case be put if there be a trust create for the  payment of debt without specify they and as to one debt the party interest in  the estate charge shall forbid the trustee to pay it allege it at least to be  a disputable one and that he think it no real or just debt if the trustee  shall afterward spontaneous pay this debt they ought not to be allow it or  suppose this in the principal case to be a debt then as the plaintiff the  trustee have p aid down the money for the defendant the beneficiary and trust  it be recoverable at law in a action for money lie out to the use of the peer  William defendant and the plaintiff have a remedy at law ought not to come  into equity for the recovery thereof Lord chancellor if the defendant have not  only forbid the payment of this pound per cent but have also suffer security  to indemnify the trustee in respect of it this have be material have the  plaintiff afterward pay the pound per cent but the plaintiff have good reason  to think that he be liable to pay the whole money borrow when money be borrow  it ought to be pay and though a pledge be give for it if that prove  insufficient the borrower ought to be liable if a mortgagor borrow money  though there be no covenant in the mortgage deed to pay it salk vern prece in  Chan yet his executor have be decree to pay the money in discharge of the land  descend to the heir but if in the present case there be only a hazard the  trustee ought not to continue liable to such hazard on the contrary as it be a  rule that the beneficiary and trust ought to save the trustee harmless as to  all damage relate to the trust so within the reason of that rule where the  plaintiff the trustee have honest and fair without any possibility of be a  gainer lie down money peer William er p by which the defendant the beneficiary  and trust be discharge from be liable for the whole money lend or from a plain  and great hazard of be so the plaintiff ought to be repay therefore let the  defendant pay to the plaintiff the pound per cent pay by the plaintiff to the  company with interest and cost Reg lib a fol