brown case joshua minute appellant John WHINERY respondent saint June three  person enter into partnership in the trade of sugarboiling and it be agree  that no sugar shall be buy without the consent of the majority one of they  afterward withdraw himself from the partnership of which he give public notice  and subsequent to this the two other partner make a contract with a for a  large quantity of sugar who have full notice that the three partner have  withdraw hold that such three partner be not answerable for any part of the  sugar so purchase decree of the Irish chancery reverse the determination be  state to the above effect in ms Tab and vin the case seem too clear for  dispute viner vol p can by the name of minute v Whitney in September Thomas  minute Joseph Jopson Richard bowl and James Fylar of the city of Dublin  merchant agree to become partner for carry on the trade of sugarboiling and by  certain article enter into on that occasion date the saint of September it be  inter alian stipulate that none of the say partner shall buy any sugar for the  trade in partnership without the consent of a majority of the partner and that  if any of they shall buy sugar without such consent the same shall be at the  risk of the person so buy they and the other partner shall not be any way  liable to the payment of the same the trade be carry on for some time pursuant  to these article and in June brown er p Thomas minute have purchase Fylars  share become entitle to a moiety of the whole but be dissatisfy with the  conduct of bowl and Jopson the other partner he give they notice in September  follow that he will be no long concern in the joint trade and will withdraw or  dispose of his share of the stock and he also cause a advertisement to that  effect to be fix and publish on the exchange subsequent to this notice  videlicet in October bowl and Jopson treat with the respondent for the  purchase of cask of raw sugar at the price of pound and minute be inform of  this treaty go to the respondent and tell he that he minute be no long concern  in the say partnership and will not therefore be Accountable for any sugar  which bowl and Jopson may buy under colour of the say partnership or otherwise  to which the respondent answer that he be satisfy with the security of bowl  and Jopson only and will sell they his sugar on their own account and credit  the respondent accord sell the sugar to bowl and Jopson and take four  promissory note in their own name only for the money Payable by instalment but  a separate account be keep brown of the sugar and they be not blend with the  common stock of the partnership in January Thomas minute for a valuable  consideration assign all his share and interest in the stock to the appellant  and about the same time bowl become a purchaser of all Jopsons share and  interest therein and soon afterward the appellant and bowl enter into a new  partnership together on which occasion bowl take credit for hogshead of raw  sugar which be the then residue of the sugar buy of the respondent before the  note which the respondent have take from bowl and Jopson for the amount of the  sugar be all pay they fail and abscond whereupon in June the respondent file  his bill in the court of chancery in Ireland against the appellant and Thomas  minute in order to recover payment of pound and upward which he allege to be  remain due upon these note suggest that he sell the sugar on account of the  partnership the appellant by his answer state the several fact abovementioned  relative to the purchase of the sugar and insist that he be not liable to the  payment of any thing which may remain due on that account the say Thomas  minute also answer the bill and swear that he give notice to the respondent  not to trust bowl and Jopson with the sugar on the partnership account but  upon hear the cause on the that of January the Lord chancellor be please to  decree that the appellant shall pay the respondent the money remain due for  the say hogshead of sugar so sell to the say bowl and Jopson and refer it to a  master to ascertain how much remain due to the respondent on the aforesaid  note and the interest of the same from the time the say note be respective  Payable from this decree the defendant Joshua appeal insist t Lutwyche c  Phipps that he be never concern in the original partnership but only purchase  Thomas Minnits share of the stock for a valuable consideration after the  respondent have sell the sugar to bowl and Jopson on their own credit and  after the partnership between they and Thomas minute be discontinue that the  sugar be buy without the consent of Thomas minute after the respondent have  full notice of the partnership be discontinue and be warn not to trust the  sugar on the partnership account that the respondent sell and deliver the  sugar to bowl and Jopson on their own separate account and credit and take  their own promissory note for the same declare himself satisfy with their  security and be accord pay part of the money by they or one of they that the  sugar be keep separate from the stock of the partnership and distinct account  be keep concern they and no part thereof bring to the appellant account as a  partner that bowl in a general account between he and the appellant esteem and  charge these sugar as his own property and accord have credit give he for the  hogshead brown thereof which remain unsold but if either the appellant or the  say Thomas minute be any way Chargeable with the money or any part thereof it  be not a matter proper determinable in a court of equity but a mere action  brown er p at law for good sell and deliver in which action the merit may  proper have be try on the other side it be argue r Raymand S mead that the  sugar be buy of the respondent for the benefit of the partnership by a  majority of the partner and particular by Jopson who have the chief management  and direction of the sugarhouse and be accord put into the common stock and  that the appellant become assignee of the partner and stand in their place  ought in justice and equity to pay the respondent the remainder of his say  debt and the rather because the appellant become concern in the partnership  direct these sugar to be mix and work up with the other common stock and  thereby convert the same to his own use and express agree to make good what  remain due to the respondent out of the old and new stock of sugar but after  hear counsel on this appeal it be order and adjudge that the decree shall be  reverse as to the appellant and that the respondent bill as to he shall be  dismiss with cost and it be further order that the proper officer of the court  of chancery in Ireland shall tax and ascertain the say cost accord and the  same when ascertain be forthwith to be pay to the appellant by the respondent  and that the say court shall take care to put this judgement into effectual  execution jour vol p