case isaac VANHOVEN appellant joan GIESQUE widow respondent that January Mews  dig v see r SC Ords a give three bind to b for pound each Payable at different  time the two first be pay but upon the party settle a account relative to  other matter the three bind be deliver up by mistake instead of a particular  voucher belong to that account equity will relieve against this mistake by  direct a issue to try whether there be two bind or three and whether the last  bind be pay or not decree of Lord keeper wright vary the appellant be a  merchant in Amsterdam and Mathias Giesque a merchant in London between who  there be for several year various deal and transaction which general pass  through the hand of one Crawley a merchant in London who be the agent or  factor for both of they in January Giesque become a bankrupt at which time he  owe the appellant pound but instead of prove his debt under the commission the  appellant enter into a agreement with Giesque to accept a composition of S in  the pound to be pay by instalment amount to pound the first payment of pound  be to be make at the time of sign the agreement or within fourteen day  afterward and for the remain pound Giesque be to give three several bind for  pound each Payable at different period to Crawley in trust for the appellant  the bind be accord execute and the first payment of pound be make pursuant to  the agreement several sum of money be also pay on account of the first two  bind but there remain due pound which Giesque be backward in pay the appellant  in February cause he to be arrest for the same and towards satisfaction of  this part of the demand Giesque assign to Crawley in trust for the appellant a  parcel of cocoa brown nut and at the same time enter into a covenant to pay  whatever sum these cocoa nut shall fall short in pay the pound the cocoa nut  be sell Giesque and Crawley on the that of September settle a account of the  sale when there appear due from Giesque a balance of pound S d exclusive of  the three bind for pound he satisfy this balance partly in cash and partly by  a note and then demand the covenant relative to the cocoa nut to be deliver up  this demand Crawley ready comply with but it happen that this covenant and  also the say three bind lie together and be both endorse in the same word  videlicet Mr Giesques obligation Crawley by mistake deliver up the bind  instead of the covenant Giesque refuse to rectify this mistake the appellant  on the that of October exhibit his bill in chancery against he in order to  compel payment of the pound and interest due upon this three bind to which the  defendant by his answer insist that he have enter into two bind only and that  there be not any bind deliver up by mistake but that he have real and good  fide pay the pound compositionmoney to Crawley by money and good on the saint  of October the cause come on to be hear before the Lord keeper wright when his  lordship be please to direct a issue at law to try whether there be two bind  or three bind give by the defendant for payment of the pound to the plaintiff  or the say Crawley for his use and if three bind whether the pound Payable by  the three bind be satisfy or not and the defendant be order to produce the  deed of composition to the plaintiff or his attorney a week before the trial  and also to produce the same at the trial and after such trial have each party  be to be at liberty to resort back to the court for such further order as  shall be just brown er p from this decree and also a decree confirm it on a  rehear the plaintiff appeal and the defendant soon afterward die the suit be  revive against the present respondent his widow and administratrix on the part  of the appellant it be say S Dodd that he ought to have have a decree for the  pound Payable by the last bind because it be full prove in the cause and also  confess by Giesque that there be several bind enter into by he for payment of  the pound compositionmoney and therefore whether there be two or three bind be  not material to the point and because it be also prove that the last pound  bind be deliver up by mistake and not one penny of the money pay and that  after Crawley have find out his mistake he acquaint Giesque with it who  confess that he have receive the bind and have burn it but desire Mr Crawley  not to be concern for that he do not pretend that he have pay it but that the  appellant owe he money and that he Giesque will justify Mr Crawley to the  appellant for deliver up the bind that Giesque have make no manner of proof of  payment of one penny of the last pound bind brown although he have swear it by  his answer and if in this case the defendant own oath shall be sufficient to  discharge he without further proof it will be the first case of the kind but  if there shall be any doubt whether this last bind be pay or not the issue  ought only to be to try whether that bind be pay or not without try how many  bind there be which do not seem to be material to the case on the other side  it be only say b Nelson that the appellant proceed have be very vexatious and  have put the respondent and her late husband to a great deal of unnecessary  expense and therefore and as the order be conceive to be very just and proper  for determine the matter in difference it be hope they will be affirm and the  appeal dismiss with cost after hear counsel on this appeal it be order and  adjudge that the decree of the court of chancery of the saint of October shall  be so far reverse or vary that in the last issue direct to be try at law by  that order these word if three shall be leave out between the word three and  whether and that the issue shall be whether there be two bind or three and  whether the last bind for pound be pay or not and the court of chancery be to  be at liberty to proceed upon the say issue so direct to be try at law as  shall be just jour vol p