518 HIGH COURT OF CHANCERY.

[By article* of agreement, executed on the seventh day of
February, eighteen hundred and thirty-five, Philip and Thomas
Baltzell, and William B. Trump, entered into copartnership,
under the name and firm of William B. Trump & Co., to com-
mence on the ninth of the same month and continue for the
term of three years.

The third article provided, that all expenses relating to the
business of the firm should be taken out of the joint funds, of
which a regular account was to be kept, and each item
charged, as it accrued, in the expense account.

The fourth article provided, that, after paying expenses, and
deducting the capital of $14,000, one half of which was to be
contributed by Trump, and the other by the Baltzells, the resi-
due, if any, was to be equally divided, that is. Trump was to
recieve one half and the Baltzells the other.

The fifth article is in the following words: " The said Wil-
liam B. Trump binds himself not to take out of the business or
stock in trade of the said firm of William B. Trump & Co.,
more than seven hundred dollars per annum, in goods, or
money, or both."

The amounts withdrawn at different times, and making the
aggregate sum of $2100, were never entered on the expense
account until the 1st February, 1838. On that day, shortly
before the dissolution of the copartnership, of which dissolution
the articles relevant to this case are recited by the Chancellor,
in his opinion, an entry was made by the direction of Trump,
by which he was credited, and the expense account charged
with this whole sum. The bill in this case, which was to re-
cover the said sum of $2100, was filed by Philip and Thomas
Baltzell on the equity side of Baltimore County Court, on the
24th of June, 1841. Upon the death of the complainant,
Thomas Baltzell, and of the defendant, William B. Trump, a
bill of revivor was filed by the surviving partner against the
executrix of the deceased defendant, and the case was subse-
quently removed to the Court of Chancery.

[The Chancellor, in his opinion, says :]