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a stated account, but with liberty to falsify or surcharge; and declared that appellant, Margaret, continued in the copartnership, and that respondents were not to be sued on any bonds entered into by Godfrey Harrison, in relation to the partnership: And 15th March, 1696, both causes were again heard before the late Lord Chancellor, who affirmed the decree, with liberty for either side to falsify, or surcharge as they could; which orders appellants insisted ought to be set aside, and respondents decreed to come into the general account, and to bear their proportion with appellants of the loss and debts of the partnership, with respect to the insolvency of the other partners; because if such account was delivered to respondent, Mary, it was not delivered till after Morris's death, nor was it given in as a stated account, nor signed by any of the parties; neither could Morris be privy to it, he having been extremely ill from Harrison's death till he himself soon after died: And that appellant never acted in the copartnership any more than respondent, and was not capable of demanding an account [159] within a month after her husband's death, as she could not take out administration till a quarter of a year after, upon the executors renouncing; and that it did not appear that respondent, Mary, had given notice to Morris, that she would not continue the partnership, nor that her notice to the other partners was according to the articles, nor that she did ever demand an account from Morris, nor that he knew or was privy to the delivery of any to the other partners: And that it did not appear that appellant, Margaret, ever concerned herself in the said partnership after her husband's death, neither, in fact, did she intermeddle; and that the account so pretended to be delivered was falsified by the Master's report in several considerable particulars, and yet no provision was made by the Court in respect thereof. (William Dobyns.)

The respondents made this case in affirmance of the decree: That Robert Morris, Richard Hackett, Matthias Datchellor, and Godfrey Harrison, entered into the Glass partnership, as stated by appellants, and brought into stock 800l. a-piece, and afterwards advanced 200l. more, so that each partner's stock became 1000l. and that by covenants in the articles, the surviving partners were to save harmless from the partnership debts, the executors and administrators of such partner as should die during the partnership, and take no advantage of survivorship; and should within one month after such partner's decease, render an account in writing of the trade and stock to his executors or administrators, as it stood at the said partner's death, and such executors or administrators to continue the said partnership if they should think fit; and that Godfrey Harrison had been appointed manager by the other partners, and was to be allowed 100l. per annum for his pains: And that by indenture tripartite, dated 20th June, 1673, between said Richard Hackett on the first part, Sir Richard Hawkins and John Hawkes on the second part, the said Robert Morris, Matthias Datchellor and Godfrey Harrison on the third part; the said Hackett with the consent of the other partners, assigned his quarter part of the partnership stock and trade to Sir Richard Hawkins and John Hawkes in equal moieties; and Godfrey Harrison was continued in the employment of manager, and by quarterly entries in their books, it appeared they allowed him the 100l. per annum, and that Godfrey [160] Harrison left said employment Lady-day, 1675, and delivered to the partners an account thereof in writing; on the foot whereof there was due from him to the other partners only the sum of 16l. 11s. 11d. as appeared by the cash book; and that Harrison died 5th September, 1675, having made his will in writing, but no executor; and therefore respondent, Mary, took out administration with his will annexed, and (within a month after her husband's death) her son, John, being very young, gave the surviving partners notice that she would not continue in the partnership, and desired an account of the stock according to the articles; for which the surviving partners desired time to Christmas then next, saying they then should put out their fire, and be at leisure; and that they accordingly made an account, dated 6th January, 1678, and intitled an account current in 8-8ths inter Robert Morris ¼, Matthias Datchellor ¼, Godfrey Harrison ¼, Richard Hawkins ⅛, and John Hawkes ⅛; the debtor side being 8713l. 0s. 4d. and the credit side 4263l. 4s. besides the desperate debts, which were 377l. 1s. and the 4000l. advanced as aforesaid; and likewise another account, intitled Mr. Godfrey Harrison's account, creditor 383l.