a direct b to pay to c what sum c shall want c accord receive two sum of money  among other of b for which he give receipt as by the order of a a and c come  to a account which be state they give mutual release but the two sum not be  enter in the book of a be not account for by c b not have receive any  allowance from a for the two sum prefer his bill against c to have the money  pay back c confess the receipt but insist that he ought not to pay the money  for that they never have any deal together but upon the credit of a and it be  to be presume that the plaintiff have a allowance from a he never pay the  defendant any thing but upon the credit of a and the receipt so word but the  court decree that the defendant shall return the money for the plaintiff have  a fair claim against the defendant to avoid circuity of suit for otherwise it  will only turn the plaintiff on a and a on the defendant again in equity to  set aside the release and to have a allowance of these sum dolphin v hay show  p c the defendant be concern in a speculation in tea borrow by their broker a  very large sum of money the plaintiff on the credit of the east India company  be warrant afterward theta be sell at a loss and the produce not amount to the  sum borrow on the warrant the plaintiff file his bill against all the party on  who account the loan be negotiate contend that they be bind though not name by  the Act of their broker and state the whole as a partnership transaction only  two of t person original concern daw and Shuttleworth be now alive and solvent  staple die pen the suit which be revive against his representative Cotencin be  become bankrupt and his assignee be bring before the court for the defendant  it be argue that this be matter mere at law and that the plaintiff on his own  statement of the matter as a partnership transaction ought to have bring his  action against daw and Shuttleworth the two survive and solvent partner who be  liable to the whole demand to this it be answer that the court will prevent a  circuity of action that the consequence of the plaintiff recover all law  against daw and Shuttleworth will be that they must come into a court of  equity to recover against the assignee of the bankrupt and the representative  of the dead party and dolphin v Haynes be cite but by Lord equity case abridge  er p