Lord Dunedin :-

This is suit upon a mortgage. The mortgage was of date the 12th December 1890, for Rs. 30,000, with interest at 10 annas per cent, per mensem, executed by three persons carrying on business as bankers in favour of the Plaintiff. On the back of the mortgage deed there are certain endorsations signed by the debtor, who was the manager of the firm. These show that upto the 11th August 1893, there had been paid Rs. 11,334-6-6. This was accordingly, as also shown, credited to the extent of Rs. 4,652-6-6 to interest being the total amount of interest due as at that date, the balance of Rs. 6,682 being credited to principal, thus reducing the principal due as at that date to Rs. 23,318. After that there are successive credits to interest only at the 14th April 1896, the 17th January 1902, and the 12th August 1904, the payments which each of these credits represents being admittedly less than the amount of interest due at the respective dates.

The present suit was raised on the 12th December 1906 for payment of the balance outstanding. Two of the Defendants contested liability, but this was decided against them, and there is now no question of liability. The only question be