Page:United States Reports, Volume 1.djvu/351

340 

1788.

paft; but this owing to the greater facility of obtaining fettlements in the Court of Chancery, by a reference to the mafters; and there are many cafes in the books which point out the expediency and propriety of the interference of that Court. If, indeed, it had not affumed a competent jurifdiction in this refpect, I am perfuaded, that, in order to accomplifh juftice, the Court of King's Bench would have done what we are now obliged to do. For, it is the duty of Judges to fee the laws faithfully adminiftered, and to promote the proper means for obtaining that end.

Hence it is, that here in an action of Account render between partners, if thefe facts are proved– that a partnerfhip exifted– that the Defendant was the acting partner– and that the received any part of the fum, from any of the perfons mentioned in the declaration–we fhall uniformly oblige him to render an account of his tranfaction. It would be hard, indeed, if, while the books and documents remain in the hands of the Defendant, the Plaintiff were bound to ftate in his declaration every receipt in which he was interefted, and to be condemned to lofe, under fuch circumftances, his portion of every credit he omitted to infert, in the courfe of a mercantile tranfaction, confifting, perhaps, of ten thoufand items.

It fhould be obferved, likewife, that there is a diftinction in the general law as to Bailiffs and Receivers ; the former being entitled to reafonable expences, which the latter cannot receiver. This diftinction, however, does not apply to the cafe of partners in trade ; for, one partner, though charged as a receiver, is entitled to every juft allowance againft the other.

Nor does the verdict of the Jury affect the principles of the fettlement ; for, fuppofe I engage in trade with another an, and pay into his hands a Ł1000, as my fhare of the ftock ; if, afterwards, I bring an action of Account render againft him, and the Jury find the receipt of this money;−fuch finding does not furely fix the fum for which he fhall be refponfible to me, but the auditors will, neverthelefs, on the one hand, allow me a proportion of any profits which have been accumulated ; or, on the one hand, charge me with a proportion of any loffes or expences that may have happened in our joint negotiations. Co. Lit. 172. a.− ʃec. 259. 

WO witneffes, who had been duly ferved with a Supœna, were brought before the Court upon an attachment ; Let having fatisfactorily proved, that they were fo much indifpofed, as to be utterly incapable of attending in obedience to the Subpœna, they were difcharged.

And, : As we do not find thefe perfons in contempt, the cofts of the attachment muft abide the event of the fuit. COMMON