a bill be file against several by the plaintiff who have employ one I since  become a bankrupt as a factor deal to give as a loan for the sale of linen and  it state that the defendant one of who have be I be clerk be for a  considerable time before the bankruptcy creditor of I and be desirous to  obtain security for their demand have consult together and agree that they  shall procure from the person to who I have sell good belong to the plaintiff  as much as they can either in money or note and that accord they have procure  from they several large sum of money and acceptance of note the clerk by his  answer say that I be not for a considerable or any length of time before his  bankruptcy indebt to he in any sum of money whatever except a small sum for  his salary which at the time of the bankruptcy amount to about nine pound and  deny that he be desirous that his debt shall be pay out of the money pay to I  as factor to the plaintiff or that he have any consultation with I or the  other defendant respect the manner in which I shall discharge his debt or that  I endorse any bill to he or by any mean let he have the benefit of any sum of  money or bill charge in the plaintiff bill and he disclaim all interest in the  sum of money bill c inquire after by the plaintiff bill to this answer the  plaintiff take exception and now it be insist on their behalf that the  defendant denial that he have receive any of the money be not sufficient but  that be charge as party to a fraudulent transaction he be bind to answer to  the circumstance of the fraud it be also urge that be charge in the bill as  clerk he be in that capacity compel to answer but per sir Lloyd Kenyon master  of the roll the defendant have swear that he be not a creditor and that he  have not receive a of the money have do away all his interest and reduce  himself to the case of a mere witness now it be a principle that a mere  witness shall not be make a party to a bill if they can prove he to have  receive any of the good or money he can hold they have disclaim all Title to  they the exception must be disallow neuman v Godfrey all bro Ch can