case William dawson and other appellant William franklin respondent that July  in a issue direct to try whether m make a contract for his own use or in trust  for b c and d m be very proper make a party and ought not to be a witness  because as a witness he be to answer to his own advantage videlicet to lessen  the number of his partner in a beneficial contract decree of the court of  exchequer reverse in part in direct a issue a bare trustee ought not to be a  party for that may hinder his be a evidence ms Tab cite this case as in viner  vol p can Eq can ab can on the that of August the respondent contract with the  commissioner of the navy for supply her majesty service with slop for three  year certain and till one year after warning at the prince particular mention  in the contract and which be to be Payable to the respondent in the usual  manner after enter into this contract the respondent enter into article date  the saint of October follow with the appellant gough and braddyll and one  Samuel Heathcote who afterward brown die and to who the appellant Dawsonne be  executor whereby it be agree that gough braddyll and Heathcote shall each have  a four part of the contract and the profit thereof as full as if they have all  join with the respondent in make the same and to enable the respondent to  carry on the undertake which will require a considerable expense it be agree  that sufficient sum shall as occasion require be lodge by the party in the  bank of England and from thence to be issue as the majority of they shall  direct and that all money receive from the navy shall be pay into the bank for  the equal use of all the party and take from thence and divide between they as  the majority shall agree and that a strong box be to be keep under four key  wherein all tally order and warrant make out on account of the contract be to  be preserve and it be further agree that no bargain shall be make for good nor  any good issue out or any material thing transact in relation to the premise  but by consent in write some time afterward the respondent inform his partner  that the commissioner of the navy have order he to make the seaman clothes of  a large size than what have be contract for and that therefore it be necessary  to enter into new article and give he additional advantage accord on the saint  of February new article be enter into between the respondent and appellant  gough braddyll and Dawsonne Heathcote be then dead whereby after recite the  first article the allowance of material for the seaman clothes be augment and  it be agree that over and beside the commission of pound S per cent allow the  respondent by the former article he shall have pound per and for his trouble  in go to the navy and victuallingoffice and settle the commissioner and purser  account pound per and for his houserent that all his expense shall be bear out  of the partnership and that he shall always have pound in advance for that  purpose and it be also agree that if any of the party to these article or any  in trust for they shall make a new contract with the commissioner the other  party shall be at liberty to come and be interest therein for a four part and  that in all other particular the first article be to stand the respondent be  the person who contract with the navy he receive the pay and bring in his  account but will not divide the money as it be receive or render any new  account till those deliver be first agree to and sign which the appellant  gough braddyll and Dawsonne be force to submit to but grow at length weary of  this kind of treatment they on the saint of December desire the respondent to  discontinue his contract with the navy which he refuse to do and still solicit  the commissioner to make he further payment the say appellant in order to  secure their share of the navypay and also to indemnify themselves from pound  which government have lend to the brown er p partnership apply to the brown  commissioner to stay their hand and which on proof of the appellant interest  in the contract they be please to do on the that of march the commissioner  give the respondent notice of determine his contract at the expiration of  twelve month from that time in consequence of which and of advertisement for  all person inclinable to serve the navy with slop to make proposal for that  purpose the respondent and the appellant martin and several other person  deliver proposal accord but Martin proposal be the low be receive and he be  accord admit as the contractor on give security to perform his contract the  appellant martin thereupon apply to the other appellant and offer they much  better term than what they have from the respondent they come to a agreement  with martin and by way of security to the commissioner consent to become  jointcontractors with he and this be accord accept notice of the whole  transaction be thereupon give to the respondent and he be offer his election  to accede to the new article with martin but refuse to give any answer on this  head soon afterward two several suit be institute in the court of exchequer  the one by the appellant gough braddyll and Dawsonne against the respondent  pray that the money due from the navy which then amount to above pound may  either be pay into the bank or be bring into court for the benefit of all the  party the other by the respondent against all the appellant pray that he may  be let into a four part of the benefit of the new contract and to have all the  separate advantage and allowance stipulate for he by the former article insist  that martin be only a nominal person in the new contract in trust for the  other appellant on the that of may these cause be hear when it be inter alian  decree that all stop make by the navy shall be discharge and that the money  then due or to become due in respect to the respondent contract shall be pay  to and receive by he as former and that he shall pay the same forthwith into  the bank as it shall be receive accord to the article of partnership or as the  party can agree and that all such money shall be divide among the partner  accord to their respective interest therein and it be further order that the  party shall proceed to a trial at law upon the follow issue videlicet whether  martin make the contract with the commissioner for his own use or in trust for  braddyll gough and Dawsonne or any and which of they and for what part or part  thereof and that in this issue franklin shall be the plaintiff and the other  party defendant and the consideration of continue the separate advantage to  franklin be reserve till after the trial from this decree the present appeal  be bring and on behalf of the appellant it be insist p king n Lechmere that  the design of the article throughout be to secure all the partner share in the  brown navy payment which if receive in money be to be pay into the bank and if  in order tally or warrant to be put into a strong box under the key of all the  party whereas by the decree the navy payment be not secure for the benefit of  the partner but contrary to their original design be decree to the respondent  alone and consequent the share of three of the partner be put into the power  of one to who the other be in nowise indebt nor do he claim to be entitle to  any more than one four part of such payment that there be no word in the  article import any exclusive right in the respondent to receive the money from  the navy but on the contrary there be a express agreement that nothing  material shall be transact in the premise but by the consent of a majority of  the party and that majority have sufficient and repeat dissent to the  respondent sole receipt of the navy money that although the respondent be the  original contractor with the navy yet by the article the benefit of that  contract be assign to the appellant under the term therein mention and of  which assignment the commissioner of the navy have notice consequent by the  know usage and practice of the navy and by the justice of the thing itself the  appellant be to be consider by the commissioner in the same light as if they  have be the original contractor and as such entitle to receive their share of  the navy payment and that this be original the respondent intention appear  brown er p from the article themselves wherein express provision be make that  the appellant shall be as much interest in the profit of the contract as if  they have all join in it as to the respondent be alone answerable for the debt  contract in partnership and therefore ought to receive the navy payment to  answer those debt it be a mere pretence for on the saint of December the stock  be work up and the account close and it be then agree that the partnership  shall be determine as to all matter but the division of future payment of the  navy in consequence whereof the respondent have since divide pound among his  partner which he will scarce have do have there be any debt to be pay but  suppose there be any unsatisfy debt the appellant be by the article joint  responsible for the payment of they and be sufficient to that purpose nay be  ready on receive their share of the navy payment to give the respondent  security to indemnify he against their proportion of any such debt and as to  the issue which the decree have direct to be try it be neither warrant by the  article or the proof in the cause but if it be warrant it ought to have be  between the respondent and the appellant gough braddyll and Dawsonne only  because if as the respondent insist the appellant martin have no interest in  the contract he ought in that case to be at liberty to give evidence upon the  trial of the issue and the other appellant ought not to have be deprive of the  benefit of his testimony by his be make a party brown on the other side it be  say r Raymond S Dodd that the article be express that the money as receive  from the navy for or in respect of the contract be to be pay into the bank for  the equal use of all the party and this money must necessary be receive by the  respondent because he be the only contractor with the navy and no other person  can account with or discharge the navy and as to the issue it be insist that  the appellant martin be very proper make a party to it and there can be no  ground for his be a witness because he be a party to the fraud and be to swear  for his own advantage videlicet to lessen the number of his partner in a  beneficial contract but after hear counsel on this appeal it be order and  adjudge that so much of the decree as order that all money stop and due and  Payable or thereafter to become due and Payable to the say franklin by virtue  of the contract in the decree mention shall be forthwith duly and in course  pay to and receive by franklin as former and that he shall pay the same  forthwith into the bank of England from time to time as the same shall be  receive shall be reverse and it be further order and adjudge that all such  money stop and due and Payable or which shall thereafter become due and  Payable to the say franklin by virtue of his say contract shall be forthwith  duly and in course pay by the commissioner or treasurer of the navy into the  bank of England and shall be issue from thence for the benefit of the several  partner accord to their respective interest therein pursuant to the say  article as the court of exchequer shall from time to time direct jour vol p