case small versus and Brackley see case collect Cullingworth v Loyd Beav n Jan  Eq can ab pl S c a entrust by b to receive interest on tally receive the  principal and fail and afterward compound with his creditor but b will not  come in without have a great composition which a agree to give a bring a bill  to be relieve against this underhand agreement but by have be guilty of a  great fraud and breach of trust and have agree to make some satisfaction be  entitle to no relief in equity bill dismiss vide note at foot of case the  plaintiff be entrust by the defendant to receive the interest due upon tally  which the plaintiff have pledge or mortgage to her and two or three time he  receive the interest and pay it to her and bring back the tally and order but  at last want money he receive not only the interest but also the principal and  short afterward fail the creditor sign a deed to accept a composition of nine  shilling per pound so as all the creditor sign the deed within the time limit  otherwise to be void mrs Brackley refuse to sign and accept the composition  unless the plaintiff will pay her one hundred pound down and three shilling in  the pound over and above the nine shilling per pound Vernon chancery case the  pound be pay and security give for the pound the residue of the composition  money plaintiff bring a bill to be relieve the defendant have be guilty of a  fraud in sign the composition for S per pound to blind the other creditor and  yet underhand to gain a great benefit to herself the cause be hear at the roll  and baron price decree for the plaintiff but upon a appeal to the Lord  chancellor he dismiss the bill the plaintiff have be guilty of as great a  fraud and breach of trust as can be and not be criminal and have agree to make  some satisfaction he ought not to be relieve in equity the case as state in  the plead be as follow the plaintiff be indebt to the defendant in the sum of  pound secure the payment thereof by bind that September in the penalty of  pound he then pay pound and as a further security for the remainder of the  debt deposit with the defendant two tally and order and execute a assignment  thereof by way of mortgage that January the interest become due upon these  tally the plaintiff prevail upon the defendant to deliver to he or his servant  the order for the purpose of get such interest he give a write receipt for and  undertake at the some time to return they the defendant deliver Vernon  chancery case er p the order but keep the tally understanding that without the  production of the tally themselves the principal money due on they can not be  receive it shall seem though it be not direct state in the answer that the  plaintiff receive the money due upon the tally and then a commission of  bankrupt issue against the plaintiff but afterward the deed of composition be  agree to on be apply to execute this deed the defendant at first refuse and  assign as a reason the conduct of the plaintiff in respect of the tally but  after many importunity and it be allege to her that she be the only creditor  who stand out she sign the same on condition that she shall have the plaintiff  bind for payment of what the composition money at S in the pound amount to be  pound videlicet pound on the that September pound on the that march and pound  on the that September and also the bind of one turner with the plaintiff for  the further sum of pound and which bind be accord execute d July and the  defendant afterward receive pound in part of the say pound the commission  against the plaintiff be then about to be supersede when the defendant lodge a  petition allege that she have be persuade into the above agreement on the  assurance that one Heysham a creditor of the plaintiff have execute the deed  of composition which the answer state he have not do but on the contrary have  receive his whole debt and a order be thereupon make by the Lord keeper  whereby the plaintiff be to give security for what the defendant shall recover  at law in such action as she shall bring there and until such security shall  be give the commission to continue but not to be put into execution and on  give the security to be supersede on this the bill be file to establish the  agreement inasmuch as the plaintiff can not plead to any action that may be  bring against he by the defendant on the say bind for pound so as to have the  benefit of the say agreement the bill of course do not mention the fact of the  plaintiff have receive the money on the tally the defendant by her answer also  submit that under the circumstance aforesaid she be not bind by the agreement  and the decree on the first hear that November be that on payment of the sum  of pound and interest accord to the aforesaid bind of the plaintiff and turner  and the say agreement the bind shall be deliver up to be cancel and the  defendant shall acknowledge satisfaction on the judgement obtain by her on the  aforesaid bind of the that September for pound and the recognizance give by  the plaintiff to be vacate and if the say defendant shall accept the say money  and perform the decree then to pay no cost otherwise to pay the cost of the  suit before baron price and two master not state to be at the roll Reg lib b  fol afterward saint January the cause come on upon the before state  circumstance for rehear before the Lord chancellor when the decree be as  follow whereupon c his lordship declare he see no cause to relieve the  plaintiff save against the penalty of the bind of the that September and the  plaintiff have give security by recognizance to abide the order to be make  upon the hear of this cause his lordship do think fit and so order that it be  refer to the master to compute what be due for principal and interest on the  say bind of the that September and to tax defendant her cost at law and in  this court Reg lib b fol vide child v danbridge ante p Lewis v chase p wms and  case cite in not p there