case STRELLY versus winson eoden die in court Lord keeper Eq can ab pl pl skin  S c three partowners of a ship one refuse to navigate the ship and the other  two do it against his consent and the ship be lose in the voyage there be  three partowners of a ship one of they refuse to fit out the ship to sea the  ground of the refusal as state in the register book by the bill be that  defendant the other partowners have not come to any account with the plaintiff  for former voyage this be deny by the answer r l and the other do it without  his consent and the ship be lose in the voyage per cur in this case the loss  of the ship shall be equal bear by all three for though one of the partner do  not consent to the fit out of the ship yet he will have be entitle to onethird  part of the fraught and in this court shall have have a account of the three  part of the profit of that voyage vide justice v brown and all hard anon skin  knight v Parry Carth shower de grave v hedge raym anon Ch can boson v Sandford  all shower et vide Abbott law relate to merchant ship that Edit p et seq and  case there cite horn v Gilpin Amb where say the print report of this case in  Skinner be the correct report and note at the latter end of this case in the  next page where the major part of the owner settle a account of the profit of  a voyage it shall conclude the test Robinson v Thompson post and so where one  tenant in common receive all the profit he shall account in this court as  bailiff to the other two for twothirds but in case the other two partowners  have apply to the court of admiralty as regular they ought to have do that  court will have make a vide justice v brown and all hard anon skin knight v  Parry Carth shower de grave v hedge raym anon Ch can boson v Sandford all  shower et vide Abbott law relate to merchant ship that Edit p et seq and case  there cite horn v Gilpin Amb where say the print report of this case in  Skinner be the correct report and note at the latter end of this case in the  next page where the major part of the owner settle a account of the profit of  a voyage it shall conclude the test Robinson v Thompson post order that upon  one partowners refuse to navigate the ship the other two shall have liberty to  do it alone and shall not have be Accountable to the partowner that refuse to  join for any part of the profit and Vernon chancery case vide justice v brown  and all hard anon skin knight v Parry Carth shower de grave v hedge raym anon  Ch can boson v Sandford all shower et vide Abbott law relate to merchant ship  that Edit p et seq and case there cite horn v Gilpin Amb where say the print  report of this case in Skinner be the correct report and note at the latter  end of this case in the next page where the major part of the owner settle a  account of the profit of a voyage it shall conclude the test Robinson v  Thompson post there in case the ship have be lose the whole loss must have  rest on those two that set out the ship but in the present case in regard the  three person who refuse to join with the other two will have be entitle to a  share of the profit of the voyage if any have be make by the ship he ought to  bear his proportion of the loss who perceive just to discern by sense debet  onus but the court upon this point do not think fit to direct any account  touch the same there be no sufficient countermand and as to that matter the  bill be dismiss Reg lib b fol