case heath versus Percival see Rees v Berrington Ves jun Lord chancellor  Parker stram Eq can ab pl pl a and b partner in a goldsmith trade be bind in a  bind to I S a and b break off the partnership and divide their stock I S the  obligee in the bind know this and that a take upon he to pay the debt and  after a great distance of time bring a bill against the executor of b yet he I  S shall recover sir Stephen Evans the goldsmith and his partner Percival be  bind in a bind to the plaintiff for the payment of pound and interest and this  so long since as in which year the money be employ in the partnership trade in  the same year Percival peer William be very ill in health they break off  partnership when sir Stephen Evans by ready money and his own bind secure to  Percival his share of the partnership stock and take upon himself all the  partnership debt give his covenant to secure Percival from all such debt the  same year Percival die leave one Samuel Percival his executor and the  defendant his residuary legatee public notice be give to all the creditor of  the jointstock that they be either to receive their money or to look on sir  Stephen Evans only as their paymaster in the plaintiff heath come to sir  Stephen and call in his money but then peer William er p continue it upon sir  Stephen subscribe the bind at pound per cent sir Stephen continue solvent  until and the plaintiff till that time may when he please have have his money  the plaintiff outlaw Samuel Percival the executor and bring this bill against  the defendant Peter Percival the residuary legatee to recover the pound and  interest out of the asset of Percival the copartner sir Stephen Evans have in  become a bankrupt and insolvent Obj this be not a proper cause for the  plaintiff to come for relief in equity when he have put a hardship on the  defendant he may have have his money for the space of year during all which  time sir Stephen be in full credit but for the gain of pound per cent he have  continue his debt in sir Stephen hand after which length of time and when the  defendant have account with sir Stephen deliver up all his voucher give a  general release and can have no remedy against sir Stephen he be a bankrupt  now the plaintiff peer William come for aid in equity against he on this bind  all which be make still hard on the defendant part as he be in other respect a  great loser by sir Stephen bankruptcy last it be say that the plaintiff alter  the interest on the bind from pound to pound per cent be a alteration of the  security and consequent the defendant no long liable Lord chancellor the  defendant testator be bind in the bind he must lie at stake until the bind be  pay and though the plaintiff continue the money on the bind this be not  material since it be upon the credit of both the obligors and as to the notice  give by sir Stephen to the joint creditor to bring in their security and that  sir Stephen alone will be hereafter liable that be res inter elsewhere acta  can not bind the plaintiff and his change the interest do not alter the  security for still it be the bind of both but the defendant can not be liable  to more than pound per cent for the arrear of interest vide jacomb v Harwood  ves ex part ruffian Ves ex part Harris mad devaynes v noble Sleechs case mere  Wauqh v carver h Bl whereupon the plaintiff have a decree for his debt  interest and cost note in this case the executor in trust be outlaw and a  witness prove that he have inquire after but can not find he which be think to  be a full answer to the objection that such executor be not make a party peer  William de term S HILLARII