case east India company appellant thomas ekines respondent saint December Mews  dig I a decree for cost necessary follow a decree for payment of the principal  and interest wms viner vol p can Eq can ab can can can the respondent have  purchase a ship call the ekines procure a licence to trade to the east Indies  on pound stock and in the year he fit out this ship with a considerable cargo  the prime cost of which exclusive of the licence amount brown er p to pound  and upward and send her to trade in India under the command of one Peter  Sherston Henry Garway be the supercargo in the month of April during the  course of this trade voyage the say ship put in at Batavia a Dutch settlement  in India in order to wait a shift of wind for the port of achine but Allen  catchpole one of the company be governor be then at Batavia and in great want  of a ship for their use he prevail upon captain Sherston to betray the ship  and cargo into his hand who sail her to pulo condore where she be for a long  time very serviceable to the company and accord to the common rate of hire  ship in India earn they several thousand pound brown so soon as the respondent  be inform of this transaction he in February file his bill in chancery against  the company for a satisfaction of the loss he have sustain by the unfair  practice of their say governor the company put in their answer to this bill  insist that the ship put in at Batavia because she be not in a condition to  perform her intend voyage to achine and that catchpole there buy her for  Spanish dollar which be her full value they also insist that they be not  answerable for what catchpole do in buy or take possession of the ship the  same be do without any order or authority from they nor do they in any wise  approve thereof or make any entry of the same in their book or take any notice  of her as their own ship nor be she of any use to they be lie ashore at pulo  condore and a hole cut in her bottom and destroy the further proceed in this  cause be necessary delay by the absence of several of the respondent material  witness but he have at length get they examine the cause be hear before the  Lord chancellor Cowper on the that of November who be please to declare that  it plain appear that the ship and store which be sell come to the use and  advantage of the defendant and that at the time of the sale of the say ship  there be no necessity for the sale thereof but that the same be sell because  the defendant want the say ship to perfect a project which they then have on  foot at pulo condore and not for any want that the ship and crew be in that  such sale be a breach of trust in the captain who have no power to sell the  ship but that the defendant ought not to be affect with such breach of trust  nor ought they to answer for the possibility of profit which may have happen  to the plaintiff if the ship have not be sell and have perform her voyage but  that the defendant ought to answer for the ship store and cargo if any which  come to the hand of they or their agent at the value the same be of at the  time of such sale and therefore it be refer to a master to take a account of  the value of the say ship store and cargo which come to the hand of the say  defendant or their agent and what if any thing shall appear due thereon after  deduct what the defendant agent have pay for the same be to be pay by the  defendant to the plaintiff but the consideration of interest and cost be  reserve until after the report in take this account before the master several  witness be examine on both side and on the that of December he make his report  and thereby certify that the say ship with her store and cargo which come to  the hand of the defendant or their agent at the time the same be sell to the  say defendant or their agent be of the value of pound sterling whereout be  deduct Spanish dollar be pound sterling pay by the defendant or their agent on  account of the say ship store and cargo there then remain pound due from the  defendant to the plaintiff and which be to be pay by they to he accord to the  direction of the say decree brown to this report the defendant take a  exception upon the argue of which on the that of march the Lord chancellor  order that the party shall proceed to a trial at law in the court of king  bench some time in the then next term or the sit after as the say court shall  think fit to try what be the value of the ship together with her store tackle  and cargo if any which come to the hand of the defendant or their agent or  servant in the east Indies and that a special jury shall be summon to try this  issue the trial be accord have on the that of November when the jury find that  the say ship store and tackle at the time the same come to the hand and  possession of the defendant or their agent or servant be of the value of pound  and that there be then a cargo on board of the value of pound brown er p on  the that of January follow the cause be hear upon the equity reserve when the  defendant have previous obtain leave for that purpose move for a new trial  which the court do not think fit to grant but declare that the company be  agent have pay pound for the pretend purchase of the say ship the say pound  ought to be deduct out of the pound and as touch interest for the residue the  defendant counsel insist that the jury have the say interest under their  consideration in their say verdict his lordship upon a perusal thereof declare  that the say verdict exclude all consideration of interest have by the jury  and that therefore the plaintiff ought to have interest for the say pound and  that such interest ought to be Indian interest from the that day of June be  the time the say ship come to the defendant hand and refer it to the master to  compute interest accord but in regard Indian interest do not always bear a  certain rate the master be therefore to make such his computation of interest  accord to the mediumrate of interest for the year aforesaid and what the  master shall find to be so come to the plaintiff for principal and interest  the defendant be decree to pay first deduct thereout what it will have cost to  have insure the remittance of so much money from India to England and the  defendant be also order to pay the plaintiff his cost of the say suit and at  law from these decree and order the defendant appeal insist t Lutwyche I  Hungerford that they be neither guilty of fraud or force nor give any  direction for what catchpole do and therefore ought not to be charge with the  value of the say ship and cargo but if the appellant be to be charge with the  value of the ship and cargo yet they ought not to be charge with the value  thereof as state by the verdict the true value not be in any sort near what be  thereby find they it do not appear that the ship and her outset here in  England before she be wear and damage by her long and perilous voyage to the  east Indies be worth what be find by the verdict otherwise the respondent when  call upon before the master and at the trial will have proceed to prove what  such cost real be and not trust to notional or conjectural value and the  uncertain judgement of brown sailor especial when it be consider that such  proof of the actual cost of the ship and cargo in England which be a proper  and necessary proof to be make be in the respondent own power alone to make  and his meaning in this particular appear more clear in that he do not proceed  upon his bill which be express bring for the purpose of examine age and  seafaring witness for above ten year together and consequent by so long a  delay he hope to fix excessive damage on the appellant when the nature of the  case be forget and the witness who can controvert the fact abroad be dead that  the appellant be charge with near eighteen year interest and this Indian  interest too which be near double the interest allow in England whereas they  ought not to pay any interest much less such great interest and which if allow  the respondent will then profit by his own delay for though he file his bill  on the that of February and the appellant put in their answer on the d of may  follow yet he never proceed one step for above ten year and if he be to  receive eight or nine per cent interest it will amount to more than  consequential damage which the decree have deny he and as to cost the  appellant ought not to have be charge therewith since the respondent have fail  in the follow charge of his bill saint he thereby demand pound damage for the  overthrow of his voyage but the court do not think fit to relieve he therein  so that his bill as to that demand be in effect dismiss dly he claim pound for  his ship beside his cargo and by his charge bring in before the master he  claim for the ship and cargo together pound S which the master reduce to pound  and the verdict to pound on the other side it be contend W Thompson S Cowper  that the decree as to the interest be find upon the rule of reason and justice  and the constant practice of the court for as the appellant have have the  respondent money ever since the that of June in India where it be common for  they to borrow at pound and pound per cent and sometime at pound per cent of  which they make very great gain it be high reasonable that they shall pay the  respondent at least a mediumrate of interest especial if it be consider by  what unwarrantable method catchpole get the ship into the appellant custody  that if any interest be to be pay it necessary follow that the same ought to  be Indian interest or the interest brown er p of those place where the  appellant make use of the money for have the ship be fair buy and the money  pay in India as in this case it ought to have be the respondent may have make  Indian interest of it ever since and at last have bring the whole home at cent  per cent profit that this be no more than what have be do in other case of the  like nature and as the respondent must be content that the interest of his  annual interest shall lie dead for so many year it be a incontestable reason  to show that he have not Willing make the least delay in his proceed which can  possible be avoid as to the objection make by the appellant against pay cost  brown the respondent insist that the decree the same necessary follow the  payment of the principal and interest and since the respondent though ruin in  his fortune by the loss of his ship have hitherto bear up against a potent  company who have litigate this matter to the utmost both at law and in equity  and have at length get a prospect of receive some satisfaction for the great  loss and injury he have sustain it be humble hope that the say several decree  and proceed will be affirm and the appeal dismiss with cost accord after hear  counsel on this appeal it be order and adjudge that the same shall be dismiss  and the several order therein complain of affirm and it be further order that  the appellant shall pay to the respondent the sum of pound for his cost in  respect of the say appeal jour vol p