case ware against APPRICE if one of several partner receive money on the joint  account and give his note for it and enter his expenditure in the  partnershipbooks and then the other partner possess themselves of the book and  bring a action against he for the money be receive to their use the court will  not order the plaintiff to produce the book at the trial but the defendant may  give they notice so to do and thereby raise a presumption against they if they  refuse a indebitatus assumpsit for money receive to the plaintiff use  Brotherick open this matter at the bar that the plaintiff the defendant and  several other be partowners of a ship and several sum of money be give by the  rest of the partowners to the defendant for the use of the ship for the  receipt whereof be bad give a note that the defendant have actual lie out the  say sum on the ship and voyage and enter a account of the manner c in a  certain book keep for the affair of the ship and then a allowance thereof be  enter likewise in that book which book do belong to the plaintiff the  defendant and the other partowners in common and now be in the plaintiff  possession and upon this matter make out by affidavit he move that the  plaintiff shall either produce that book at the trial or let the defendant  take copy of such entry and allowance of payment therein as will be proper for  he to make his defence by and say this ought to be as well as if a man bring a  action of covenant upon a indenture and the defendant swear that he never bad  a copy you will not compel he to plead until the plaintiff furnish he with a  copy quod cur concess but here the defendant shall have take up his note upon  the account allow you have entrust he with the custody of this book and if he  have break his trust you must seek for remedy in equity if a action be bring  by a shopkeeper for money due on the sale of good we never enforce he to  produce his book but if very slender evidence be give against he then if he  will not produce his book it bring a great slur upon his cause holt chief  justice say that the plaintiff will do well to consider whether a indebitatus  assumpsit will lie in this case and they will do nothing in it the court  notwithstanding own it to be a mischievous case where many be tenant in common  or copartner in a trade and have one common book of their transaction and one  have the possession of it and then bring action against the other