BALTZELL VS. TRUMP. 521

And then there is a provision, that the Baltzells take the
debts due the firm at their own risk—that Trump should give
them a bond with security, that he had contracted no other
debts or liabilities against, or in the name of the firm, other
than those enumerated in a schedule taken from the books,
and also against any other liabilities created by him individu-
ally; and the Baltzells were, in like manner, to give bond to
Trump for the performance of their engagement to pay the
debts of the firm, and then follows this stipulation :

"The above conditions being fulfilled, William B. Trump,
Thomas Baltzell and Philip Baltzell, mutually renounce all
claims against each other, any loss or gain, or any accounts or
claim, assigned to either party, to be the loss or gain of said
party, as the case may be."

Whatever may be the true construction of the articles of co-
partnership, this provision, it is contended, must protect the
defendant from the claim now made upon him for the sum of
two thousand one hundred dollars, for which he was indebted
to the firm, and stood indebted upon its books, until the entry
of the 1st of February, 1838, was made.

We must assume, of course, that entry was an improper one,
and that Mr. Trump actually owed the firm the sum of money
in question, precisely as any other person would, who stood
fairly charged upon its books with money and goods to that
amount, and then the question is, whether, in the stipulation
quoted, there is anything which will release him from such a
claim.

I cannot bring myself to think so—the parties by the agree-
ment dissolving the partnership, had entered into various re-
ciprocal stipulations. Those on the part of Trump were, that
he should transfer and assign to the Baltzells all claims due to,
and merchandise and cash, the property of the firm, and the
latter agreed, on their part, to pay all claims against the firm,
to incur the risk of the insolvency of those who might be
debtors to it, and to pay to Trump a specific sum of money
for his interest. Stipulations which they have faithfully per-
formed. Trump's engagement was, that he would assign and
44.