case viscountess dowager Falkland and other appellant lord Cheney and other  respondent that December Mews dig thirteen see partnership Act and Vict c si  in all sea adventure the act of a majority of the partner shall bind the whole  decree of the master of the roll and Lord summer c reverse sir William Phipps  have discover certain wreck upon the coast of Hispaniola in America acquaint  the appellant and the duke of Albemarle therewith and request they to be  concern with he in the recovery thereof and it be necessary to obtain leave  from the crown for this purpose application be make and on the that of July a  grant be obtain in the duke be name authorize he and those appoint by he to  search for seize and take up all such wreck and riches as shall be discover in  the gulf of Florida and other place brown therein mention from the say that of  July to the that of July render to the king a ten part of what shall be get in  order to ascertain each party share and interest in these wreck a certain deed  be on the that of January enter into between the duke and several other party  recite that they have at their joint charge equip several vessel for the  expedition and that the duke in who name the grant be take have appoint sir  William Phipps his deputy with full power to adventure to sea with the ship  agree on and recite the several other proceed which have be have in relation  to the adventure the duke assign to each of the party his and their part of  the say ship tackle etcetera and of what shall be get out of the say wreck and  each party covenant to bear his proportional part of all charge and loss by  another deed date the d of march all the party agree to pay their respective  share of the charge then or then after to be lie out and employ in and about  the execution of the power grant by his majesty and maintain the several ship  and company in the intend voyage or any other voyage after to be make by the  major part of the party concern who be from time to time to transact and  settle all thing in relation to the adventure the ship accord sail on their  first voyage and in June return with great success the duke share of the  profit of this voyage amount to upward of pound this encourage the party to  resolve upon a second voyage but have information that what have be already do  be take notice of by the Spaniard and other and fear that a attempt may be  make on such ship as shall be send which be not of force sufficient to defend  themselves application be make to the king for a ship of war to assist in such  further adventure and his majesty accord grant the foresight frigate for that  purpose on this occasion another deed be make between the party date the that  of brown er p August whereby they respective covenant that the duke shall have  one full four share of all such riches and treasure as shall be recover in the  say expedition or in any other voyage thereafter to be make for the same and  the duke covenant to bear pay and defray one full four part of all such cost  charge loss and damage as shall be incident to the recovery of the say riches  and treasure and in relation thereto or to the voyage or voyage and that all  thing shall be manage by the majority of the say party or their substitute as  before but before this second voyage be undertake the duke be appoint governor  of Jamaica and be oblige to go to his government he by letter of attorney date  the d of August empower John earl of bath Paul bow esquire and other or any  one or more of they to meet and act with the brown rest of the partner on his  behalf and to advice and determine about the second voyage and by indenture  date the that of October between the earl of bath Mr bow and the other partner  the duke share be increase by one two and thirty part of all such riches as  shall be recover in that or any other subsequent or future voyage or voyage  bear a proportional share of all charge and loss which shall be expend in that  or any other subsequent voyage or expedition the second voyage by the death of  sir John Narborough turn out unsuccessful so that a considerable loss be  sustain but the party be still encourage determine on a three voyage and fit  out ship for that purpose the earl of bath still act as the duke deputy and  have execute a deed date the that of September to that effect but this voyage  prove also unsuccessful a end be put to the adventure before the account of  these three voyage be settle the duke die possess of a very large personal  estate and have make his will and thereof appoint the respondent executor soon  afterward a account of the duke share of the charge of the three voyage be  state and deliver to the respondent who direct Mr montage the duke auditor to  examine the same without start any objection to the duke be concern in all the  voyage and Mr montage have accord examine this account certify that there be  due for the duke share of these charge pound S d but the duke executor decline  to pay this money the appellant in Michaelmas term file their bill in the  court of chancery in order to compel such payment the cause be first hear by  the master of the roll on the that of June when his honour direct a issue at  law to try whether the defendant the earl of bath execute the deed of the that  of September conditional or not and whether any of the party have notice of it  and upon a rehear this decree be confirm whereupon the plaintiff appeal to the  Lord chancellor summer and this appeal be hear on the that of may his lordship  upon consideration of the deed etcetera dismiss it and affirm the former  decree but the plaintiff be still dissatisfy apply to have the cause reheard  and the same come on before the Lord keeper wright on the that of December his  lordship dismiss the bill as to any allowance for the three voyage but direct  a account as to the first and second voyage from this decree of dismission the  present appeal be bring and on behalf of the appellant it be insist W Norris  that the adventure be of great advantage to the duke and that all thing touch  the same be to be govern by the act of a majority of the partner which be to  be conclusive and though the duke have be present and dissent he will  nevertheless brown have be bind by what be do by the majority that in all  seaadventure the act of the majority of the part owner conclude the rest and  this rule ought more especial to obtain in the present case because it be so  express agree in write and the covenant will otherwise be of no validity and  if one party dissent or act conditional nothing can be transact in thing of  this nature that what my Lord bath do respect the three expedition be absolute  and without restraint and not conditional nor be it so pretend by the  respondent save only with regard to his execute the deed of the that of  September which be for the hire of the ship brown er p foresight but which on  account of the revolution that soon afterward happen never go that voyage and  therefore no other charge be on that account occasion to the partner than mere  the expense of obtain that deed from the crown that all the three voyage be  make within the time grant by his majesty letter patent and as in case the  three voyage have turn out successful the duke will most clear have be entitle  to his share of the profit so as it prove otherwise he ought for the same  reason to bear his share of the loss and that therefore so much of the decree  as dismiss the appellant bill ought to be reverse on the other side it be  contend n Courtney that the respondent ought not to come to any account for  the three voyage because the earl of bath execute the deed of the that of  September conditional that the duke assent thereto shall be obtain and that  the appellant by decline to try the issue admit the fact and that they have  notice beside if the earl or any other of the duke trustee have make any  absolute contract it can not have bind the duke because they have no authority  from he for that purpose that the general word of bind by majority in the deed  of the d of march be only a covenant between the other partner in which the  duke be not include and the general word in the other deed of the that of  August refer only to the ship and voyage therein particular mention and to  such other thing as shall be think fit in relation thereto that all these  general word of bind by majority ought to be construe as relate to the other  partner who have six part in eight and not to include the duke who have the  other two eight part and stand single by himself for otherwise any two of the  six will be a majority upon the duke who be single and they may have charge  his estate with as many more expedition as they have think fit but after hear  counsel on this appeal it be order and adjudge that the decree of dismission  therein complain of shall be reverse and that the executor of Christopher  brown late duke of Albemarle shall account with the appellant for the charge  of the three voyage the appellant afterward petition the house for a  explanation of this judgement as to their have interest for the duke share by  they advance towards the three voyage in such manner as they have interest for  the duke share of charge by they advance in the two former voyage and after  hear one counsel on each side it be on the that of February order and adjudge  that the follow word shall be add to and make part of the judgement videlicet  and that the respondent shall account with the petitioner for the charge of  the three voyage and that what shall appear to be due to the appellant upon  such account shall be pay they with interest in such manner as be direct in  the court below as to the account of the two former voyage jour vol p jour vol  p