Allport versus thomas on a Marine contract relief pray against executor a  person that have furnish necessary tackle for a ship that be afterward sell by  his bill pray a discovery of the personal estate of one of the partowner who  be dead and to have relief against his executor and the survive partowner Mr  ware senior for the plaintiff say that by the civil law the bottom of the ship  be liable to answer for the tackle and furniture which the defendant have  contract for and here they have sell the ship they be very proper to demand  satisfaction out of the profit arise by such sale and as their bill be proper  to have a discovery of the personal estate of the partowner that be dead so  from thence they will be entitle to relief against the other for in the case  of Dupins versus duke of Kingston which be a bill bring by a milliner against  the duke as administrator of his son for a discovery of asset and to have a  debt which be due to her from his son discharge it be lie down as a rule that  discovery shall draw with it relief Mr Bunbury for the defendant say that if  that be to be take as a general rule the commonlaw will be of little use for  then always after the death of one of the party they may bring their bill here  upon any contract beside here they shall have proceed in the court of  admiralty to have subject the bottom of this ship and that this court can not  do it chief baron Gilbert say that the chief distinction upon the rule that  discovery shall draw with it relief seem to be that where a discovery be pray  and a liquidate debt admit by the answer the court may then proceed to give  relief but where the debt be unliquidated be uncertain and sound in damage it  be proper for a jury to ascertain it there be nothing for a court of equity to  find a determination on that though this case be within the mercantile law yet  it be admit by the answer that the charge be for tackle c a court of equity  must grant they the redress as a court of admiralty will videlicet upon the  bottom of the ship and that it will be very hard to send they back again there  to obtain relief and that all the partowner ought to make satisfaction have  receive the profit of the voyage which the ship be enable to perform by the  plaintiff furnish the tackle c baron hale think the case of the duke of  Kingston shall have go no further than a discovery and after that shall have  proceed Gilbert at law that in this case the proceed in this court be very  proper and they may go on for in the court of admiralty seaman wage be  recoverable and they be likewise Chargeable proper upon the bottom of the ship  and yet the court of chancery retain bill for they and sir John Trevor late  master of the roll use to say that a court of equity have a concurrent  jurisdiction with they