BALT2ELL VS. TRUMP. 517

manifestly fraudulent, this curator and trustee could do nothing,
bring no suits, take no steps to recover •this, and Tat'mg it into
a division among the creditors.

The right of the trustee to file such a bill as the present, is
maintained by the case of Riggs vs. Murray, 2 Johns. Ch.
Rep., 565, and is believed to have been decided by the Court
of Appeals of this State, in the case of Gatchell, permanent
trustee vs. Uhler and Bruner, not reported, and in Winn and
Ress vs. filbert and Wife.

I am of opinion, therefore, that the present bill may be main-
tained; and considering, for the reasons which have been sta-
ted, that the deed and bill of sale are void, as against credi-
tors, a decree will be passed to that effect, when the property
will be vested in the complainant as permanent trustee of Spind-
ler, to be by him administered in insolvency.

The complainant having waived the residue of his prayer for
relief, no opinion is expressed in relation thereto.

[An appeal was taken from this decree, which is still de-
pending.]

PHILIP BALT2ELL,
SURVIVING PARTNER OF
THOMAS BALTZELL

TS.

ANN TRUMP, EXECUTRIX OF
WILLIAM B. TRUMP.

MARCH TEKM, 1850.

[CONSTRUCTION OF FARTNERBHIP AGREEMENT.]

Bl one of the articles of a partnership agreement, a partner bound himself,
"not to take out of the business, or stock in trade," of the partnership,
"mare than seven hundred dollars per annum, in goods or money, or both."
HELD—

That this article could not be, construed as an agreement, that this partner
should have a salary of seven hundred dollars, in consideration of his giving
his attention to Ae business of the firm.

That by this article he was restricted from taking more than seven hundred
dollars, but he might take less, and if he should take less, ha would not be
entitled to have the difference made up, upon the expiration of the partner-
ship.

VOL i—44