GOODBURN VS. STEVENS. 427

ing the rights of appeal in cases where decrees or orders to
account have been passed by the chancery courts; and a pre-
liminary point was raised by the counsel, with respect to the
questions which were properly open for adjudication on this
appeal,

The first section of the act provides—"That an appeal may
be taken from any decree or order of the court of chancery, or
county court sitting as a court of equity, determining a ques-
tion of right between the parties, and directing an account to
be stated on the principle of each determination :" and it is
clear, that in our examination of the order, we can only inquire
into the correctness of the principles announced by the Chan-
cellor as the basis of the Auditor's report. The right of appeal
from these interlocutory orders has been conferred only where a
question of right has been determined between the parties, and
an account directed to be stated on the principles of such de-
termination—and it must be evident that we could not consider
any other questions than those determined by the court below
for the government of the Auditor, without exercising original
jurisdiction. A power incompatible with the character and at-
tributes of this tribunal, and certainly not intended to be com-
municated by the statute under which this appeal has been
taken.

With respect then to the first question decided by the Chan-
cellor, we think he erred in regarding this partnership as sub-
sisting until the 31st of August, 1841.

The doctrine upon this subject has been stated with clearness
and accuracy by Judge Story in his late work on partnership.
He says,—"although the partnership be fixed for a particular
term or period, yet it is always understood as an implied con-
dition or reservation, unless the contrary is expressly stipulated^
that it is dissolved by the death of either of the partners at any
time within the period. This doctrine is founded in equi-
table principles, and is the natural result of the peculiar ob'
icctsof the contract. Every partnership is founded in a delec-
tus persona, which implies confidence and knowledge of the
character, skill, and ability of the other associates; and their