
    BROCKWAY v. CLARK.
    Interest — usury—demurrer.
    'The agreed rate of interest after the debt is due, will riot be calculated if higher than six per cent.
    After a demurrer to a bill in chancery setting forth a particular state of fa'ct, the defendant will not be permitted afterwards to set up a new state of fact as the basis for counting higher g interest. . '
    Chancery: (see 6 O. R. 50.) The master reported several calculations under the order of reference.
    1. Of the rnohey loaned at the rate of six per cent, per annum, compoundingevery ninety days, and malunga balance due of $ 3L 0-1
    2. According to. the agreement in March, 1830, for ten : ■ ■ per cent, every ninety days — since October,' 1827 — -balance ■ due, - - - - - - -. ' • . 219 66
    3. According to the original agreement for ten per cent. compounding every ninety days — balance, - - , 816 19
    The complainant excepted to the two last calculations, 'and
    THe defendant to the first.
    
   By the Court.

The exceptions are allowed on both sides, The bill alleges the giving a note for $>130,'in October, 1.827, at ninety days for $ 100 borrowed. The giving a second note in January or February, 1826, for $150, or $160 in. ninety days.- The giving a third note in May or June for $216. These are all the notes alleged to have been given for the loan, and they were given on. an agreement for ten per cent, for each ninety days. Thjs is admitted true by the defendant’s demurrer to the bill, — and he will not now be permitted to set up a new contract.. For two hundred and seventy days, then, from October, 1827, the defendant is entitled to the agreed rate of interest, in the aggregate thirty per cent, for the residue of the time since the loan was made, he is entitled to interest at the rate of six per cent, per annum. A calculation on this principle, applying the first payments to the interest due, leaves due to the defendant $46 40. A decree may be drawn enjoining the judgments at law on the complainant’s paying that sum and the costs on the judgment.  