c goore and other against DAWBENY a writ of error be bring in the exchequer  Chamber by goore and goore Swinnerton and Tedcastel against Dawbeny of a  judgement give against they in the court of exchequer in a action upon the  case in the nature of a conspiracy bring by Dawbeny c who declare that goore  and goore be joint merchant of a stockof many ware in moieties transport in  Barbary and Swinnerton and Tedcastel be their factor and Dawbeny and the  Goores be also joint merchant entire of merchandise transport c and the say  Swinnerton and Tedcastel be their factor therein and that be to merchandise  for two year and show far that the say plaintiff do conspire against the say  Dawbeny see the declaration in the number roll for I can not take it in brief  coke of council with the plaintiff assign the error because Dawbeny in his  declaration have declare that they be joint merchant sure the now plaintiff  and have conspire against he and have not show the place where they be joint  merchant or where they be make joint merchant and that be issuable although it  be not the principal thing in the declaration for that be the fraud as where  debt be bring for rend reserve upon a lease for year the principal matter be  the debt and the principal issue be nothing debet yet the demise be issuable  and non to send different ways be a good plea and here the defendant by the  plea of not guilty have not lose the advantage of exception aforesaid and be  cite a great case late adjudge betwixt Stansam and Matthew in a action upon  the case conceive upon the trover of a bind and the conversion of it to his  use the defendant plead not guilty and it be find against he and because in  the declaration there be not any place of the conversion judgement be stay  here in the declaration be two thing first the conspiracy second the execution  of it for the one without the other will not maintain the action but here the  conspiracy be not pursue nor execute accord to that which be lie to be  conspire the conspiracy be lie that the factor upon big account demand l of  Barbary money per nomen good containing ten each summas and the execution be  lie that he demand in allowance of ware deliver to Isaac abess and he take a  general rule that a commander shall never be charge but where his commandment  be strict and precise pursue Barbary money be include in this word good for it  be not current in England see as to the pursue of the commandment sander and  archer case blow Elizabeth and in our case he not only put the thing but also  the person for the conspiracy be that he demand allowance for good deliver to  Isaac and his four son for Isaac in the one case it be pretend that Isaac and  four son be debtor and in the other case Isaac only also here Dawbeny have  allow and accept the account of the factor against which he can have this  action for it be Leonard ignorance Crassus he fact who non excuse also upon  such incertain demand as be lie in the declaration Dawbeny be not hold to make  allowance I for so much ware upon a certain bargain make with Isaac and that  be not a lawful demand and upon such uncertain demand he be not bind to make  allowance et hoc modus be ignorance law who non excuse entirely also here  Swinnerton only account and demand allowance and Leonard er p Swinnerton only  be not factor but also Tedcastle and therefore Dawbeny be not bind to allow  that account to Swinnerton no more than to a mere stranger and also Dawbeny  alone be not to make allowance for the two factor be Accountable to he and to  Goores also and so allowance b that one of they to who they be Accountable be  not good one executor where the power be commit to two sell the land the sale  be void and two joint attorney c one only can do nothing and here in this  declaration it be many time allege that they be jointly trader jointly maker  but I confess that one joint factor with the express consent of his companion  may account alone and so of the other one may by express consent take a  account only one factor be no factor where there be many joint factor and in  our case the two Goores and Dawbeny see the account but Dawbeny only allow of  it and that be not good as if two arbitrator be and one only make the award  although both hear the matter e Fitzherbert Acc that the one accountant can  account without his companion but there parn say that it have be adjudge e  that the one may account without the other see e Tamworths case Tanfield  contrary as to the first error it be but conveyance and matter of inducement  to the fraud and conspiracy which be the principal point of the action and  therefore need not to be so precise allege and also by the general issue they  have pass the advantage of it and all the special matter of the count be  contain in the general issue for not guilty go to all and include the whole  also upon the matter the jury have find that they be joint merchant and  although they be joint factor and the one only have account yet the same  account be good enough for it be make with the consent of the other as appear  by the declaration conspiraverunt agreaverunt that Swinnerton in his account  to strive for allowance c so there be consent to take the account c and e it  be adjudge ut above and that the one joint factor may account without his  companion be the law of merchant for factor be of oftentimes disperse so as  they can be both present at their account and so it have be heretofore allow  in the king bench and as to that that Dawbeny only have give allowance to this  account the same be good enough if I promise to two to do any act the one of  they may discharge I from it and that by word for it be but a personal thing  two jointtenants of a manor grant the stewardship thereof to one and per and  for the exercise of it if the one discharge he it be a good discharge as to  the service but yet be shall have his fee if the lord of the manor grant the  stewardship thereof to another take per and of the issue and profit of his  court there for his fee and afterward the lord discharge the steward the same  be void for it be a disadvantage to the steward for he can have his fee if no  court be hold but if the fee be limit to issue out of land there such  discharge be good for there the steward shall have his fee although that no  court be hold there see e to that purpose Egerton solicitor to the contrary  although as have be object the matter of joint merchant be but matter of  inducement it be notwithstanding material and without it the action will not  lie in debt upon arbitrament the plaintiff in his declaration ought to show  the submission and although the defendant plead nothing debet yet if the  Leonard place of the submission be not show in the declaration all be nought  for although that it be but inducement yet it be a material inducement for if  no submission no award and if no award no debt and then no cause of action the  case of e cite before there the accomptants by their deed or joint or several  Accountable at the pleasure of he to who c also because it be set forth in the  declaration that they be joint merchant of ware adventure into Barbary for the  space of two year the factor in pray of allowance ought to show what ware be  adventure into Barbary within the say two year conspiracy be a thing odious  and ought to be direct prove and it be not reason that that which he himself  have once allow he himself shall after defeat it as here he attempt and be  rely much upon the variance between the conspiracy and the execution of it  move before by coke where by the conspiracy Isaac be make the debtor with his  four son and in the execution Isaac be make the only debtor and to that point  he vouch the case Ph man betwixt brown and Nevil that a award be to be perform  sure a award make between job brown for and in the behalf of John more on the  one part and r Nevil on the other part and do not show that more make the  submission Leonard er p and for that cause it be hold nought for more be a  principal person in the award and brown but a servant c so in our case for  Isaac Popham attorneygeneral in a action upon the case the plaintiff declare  quod cum the defendant be indebt to the plaintiff in he promise to pay to the  plaintiff here it needs not that the plaintiff show in his declaration the  place or time in which the defendant become his debtor for the promise be the  principal matter and the other matter be but inducement so if a in  consideration that I at his request have marry his daughter promise to pay to  I in a action upon the case bring by I upon this promise it be not necessary  that I show the place where I marry his daughter in all personal thing where  two be Chargeable to two the one may satisfy it and one may accept of  satisfaction and bind his companion and yet the one can have a action without  his companion nor both only against one e two joint tenant of a manor have one  bailiff of it the one of they assign auditor to the bailiff who account and be  find in arrearage the same be a good account and it be hold there that both c  may have debt upon the arrearage of the account take by the manner and if one  may assign auditor he may also take account and discharge the accountant  against his companion and he conceive that this allowance of the account by  Dawbeny do not exclude he of his action but rather give he cause of action nam  strike non be nisi to give as a loan and the bailiff of my husbandry who  bargain and sell for I if upon his account to I he allege and surmise that he  have soldmy cattle to one who be decay and upon that surmise I allow his  account afterward re experience I shall have a action of deceit and in this  very case at the bar it be hold in the king bench that Dawbeny notwithstanding  his allowance of this false account shall have his action c note that  afterward videlicet Trin Elizabeth the judgement give for Dawbeny be reverse  trin Elizabeth in the exchequer