Lucius Quintus Cincinnatus Lamar

“ If the defendants were wronged by that sale, their remedy is against Loeb; and any loss they may have suffered cannot be pleaded to defeat the claim of the plaintiffs on the note. There was no error in not allowing the statutes of limitation of New York and Illinois to be admitted in evidence, after the court had overruled the motion of the defendants to be allowed to plead them as a defense. The only way in which such statutes are available as a defense is when they are, at the proper time, specially pleaded. ”

“ With reference to the moneys claimed to be paid by plaintiffs in error to Edward Clark or his agents, and to the value of the land sold by Loeb at the foreclosure sale, the reply is that there was no evidence going to show, nor do the defendants claim, that they ever paid money to any one but Loeb. Loeb was not the agent of Clark any more than of the defendants. He was a trustee for both parties to the contract. The moneys paid to Loeb by the defendants at the time thy § ecured the loans were paid to him as their own agent. ”

“ It is not shown to our satisfaction that the account is wrong in any particular item or items. The objection is to the account as a whole. There is no ground for such an objection, if the principles upon which the account is stated are correct; and they are so in this case.
Under the third assignment of error, viz., that the court erred in excluding proper and competent testimony on behalf of the plaintiffs in error, the points relied on are that the court ruled out (1) proof of the moneys paid by plaintiffs in error to said Edward Clark ”