case strangford against green if one of two partner sign a arbitrationbond for  himself and partner when the partner be not a party to the arbitration he be  not bind to perform the award action on the case for nonperformance of a award  the defendant have in behalf of himself and his partner refer all difference  and controversy between the plaintiff and they to arbitrator and promise to  perform their award which be that all suit which be prosecute by the plaintiff  against the defendant shall cease and that he shall pay the plaintiff so much  c and for nonpayment this action be modern bring upon this special declaration  to which the defendant do demurrer first because the submission be only of  matter concern the partnershi v and the award be that all suit shall cease but  this exception be not allow for no difference shall be intend but what concern  the plaintiff and the defendant as the defendant be concern with his partner  in trade only unless the contrary do appear and if any such be they shall be  show on the other side second it be of all matter between theplaintigand the  partner and the award be that all suit prosecute against the defendant only  shall cease the court it shall be intend likewise that all suit shall cease  only between the plaintiff and the defendant three the award be not mutual for  the defendant be to pay money but the plaintiff be to give no release it be  only say that all suit shall cease the court that be a award on both side for  the award that all suit shall cease have the effect of a release and the  submission and award may be plead in discharge as well as the release fourthly  the other partner be not make a party to the submission the court the  defendant may undertake for his partner and have engage for he and promise  that he shall perform the award on his part notwithstanding the partner be not  bind so to do yet if he refuse it be a breach of the defendant promise and so  the plaintiff have judgement upon the first argument modern er p