case doctor hackwell and his wife against EUSTMAN Hilary term James roll the  personal representative of a decease merchant may bring a action of account  against one of his survive partner charge he as general bailiff to render  account of the decease share of the partnership stock in trade   light f n b  dyer b keb lev ld ray Freem Com dig term Rep account by the say doctor and his  wife as executrix of John eyres merchant against the defendant to render to  they reasonable account from the time that lie be bailiff of the say John  eyres pro eastern quod Le defendant to be bailiff to the say John eyres ex  wherever causan et shrinking ad common feature usefulness of the say John  eyres and of the defendant and of one William openly from the saint of October  James to the that of may next follow de a certain merchandizis of the say John  eyres of the three part of thirtyeight tun of wine c which merchandise the say  John eyres the intestate the defendant and William openly in the life of the  say John eyres have and occupy in common ad common feature usefulness the dawn  ac eaden pro tempore predict to the hand of the defendant by the assent of the  say John eyres and William openly to merchandise for their common profit to be  undertaking the defendant plead nunques son bailiff and be find against he it  be now move in arrest of judgement a in easter term James it be resolve ut  above that Ann Dymock the heiress shall sue livery SC hob see also SC Owen by  and car c after verdict no judgement shall be stay or reverse for this  omission and by and Ann c no exception shall be take for this omission even  before verdict unless it be show for cause of demurrer sand side Lut vent Mod  croak James er p first because he declare against he and demand account of his  baily general which be intend as a general baily whereas he show afterward for  cause that he be his baily ex wherever causan et shrinking ad common feature  usefulness of he and the defendant and William openly so the account be  betwixt merchant and tenant in common a which be a special account and he  ought not to have demand it in general vide lib Entr fol et Edward account say  non allocatur a second exception because he demand a account of a three part  of such good where he alone ought not to demand the account but he ought to  join the other with he and if he shall have it sole yet he ought to demand the  account for the entire so as there may be deduction out of the gain and loss  of the entire and not to demand it of the three part say non allocatur for it  be say that he may sue although his companion will not a and it may be that he  sole commit his three part wherefore he only may demand the account wherefore  without argument it be adjudge for the plaintiff