Barnardiston king b dale and mottram what shall be say to be a good award  notwithstanding it direct that a sum of money shall be pay to a stranger in  debt on bind with condition for perform a award the defendant plead no award  the plaintiff reply that a reference be make to these arbitrator of certain  matter relate to a partnership between the plaintiff and defendant and the  arbitrator award that the defendant shall pay into the hand of one John oak  who be agent for the partner such a sum of money in trust for the plaintiff  and defendant and for the benefit of the partnership which he have not do and  to this replication there be a demurrer Mr strange argue in support of the  demurrer and say that he apprehend that this part of the award which the  breach be assign upon be void because it require the defendant to pay a sum of  money to a stranger in the case of lane and tanner Trin whether a award be  that the defendant shall deliver up to the plaintiff possession a house that  at the time of the award be in the possession of sir Thomas wiseman and this  award be hold to be void to the like purpose he cite Roll s Abr plan and plan  cro and godb Mr fazakerly argue on the other side and say that he shall not  contend but in the general that the rule lie down by the other side be right  but where a dispute be concern partner in trade as here it be whether the  defendant have put in his whole share into the stock he do not know how the  arbitrator can do a more proper thing than to award that the defendant shall  pay in the deficiency to the agent of the partnership in trust for the  plaintiff and defendant and for the benefit of the partnership he put the case  to be that the Barnardiston king b er p arbitrator have award that the  defendant shall pay a sum of money for the benefit of the plaintiff to such  person as the plaintiff shall appoint to receive it he believe he say that it  will hardly be contend but such award will have be good the court be of the  same opinion accord give judgement for the plaintiff unless cause before the  end of the term