arnold and Floyd mich banc sum p this case former speak unto and after a nil  to take in hand per billam nisi c order to be enter against the plaintiff be  again speak unto and the case put and the style report er p exception former  take that the plaintiff have declare of a general receive of money of such and  such customer and have not account for they whereas the article for breach of  which the action be bring do express that he shall account for such money as  he shall receive of the customer which be in his charge only but green answer  that though it be not so express yet it shall be intend that he have not  account for all such money as he have receive of the customer in his charge  and as to another exception which be also former take videlicet that the  plaintiff d not show what money he have receive for which the defendant have  not account and so he know not what answer to give green answer that  thelplaintiff be not bind to show it precise for he can tell what the  defendant have I receive and what not but the defendant do know it well enough  Glyn chief justice I doubt of that for the plaintli must know that the  defendant have receive some money style report which he have not account for  otherwise there be no cause of action and though it be not necessary for you  to show all the particular sum the defendant have receive and not account for  yet you must express some slim with which to charge he withal and therefore as  to this exception I think it material and the declaration be too general to  charge the defendant by for what issue can be join upon this for here do not  appear to be any breach of the article but only by implication that he have  receive some money unaccounted for and a issue can be ireed upon a presumption  green pray leave to discontinue the action but wile on the other side say it  ought not to be because the action be bring against a surety only that be bind  for the defendant that he shall perform article Glyn chief justice if he do  discontinue the action he have no further remedy against the defendant but  show cause why he shall not appear upon the article and to pay so much as it  shall be find that he be dadadamnify by breach of they and then he shall  discontinue