522 H^H COURT OF CHANCERY.

transfer to the Baltzells all claims due to the firm, and all mer-
chandise and cash on hand; and upon his doing so, they agreed
to renounce any claim against him which his failure to perform
his contract would have given rise to. But the complaint they
now make is, that he did not perform his contract—that there
existed upon the books of the firm an account against himself
for a targe sum of money, which, by the express terms of the
contract dissolving the partnership, was to have been assigned
to the Baltzells. But that instead of doing this, he. Trump,
without their knowledge, and without any authority to be found
in the articles of copartnership, extinguished this claim by an
arbitrary entry in the books. Assuming this to be the case,
(and it appears to me to be impossible to contend that the con-
tract which gave rise to the partnership justified the entry,) and
then it follows that Trump did not fulfill his engagement to
assign over to the Baltzells all claims due to the firm; and,
therefore, there is no pretence for saying that he may shelter
himself under the stipulation by which the parties reciprocally
renounced demands against each other, since that renunciation
was only to take effect upon the performance by each of all the
terms of the contract on his part. If this account against Mr,
Trump on the books of the firm was a claim due it, it passed
to the Messrs. Baltzells by the express terms of the contract;

and an entry in the books made by the former, wholly unau-
thorized by the articles of copartnership, cannot extinguish or
impair their rights, nor can they be impaired by the contract of
dissolution, of which that very entry was a violation on the
part of Trump.

My opinion, therefore, is, that the complainant is entitled to
the relief sought by his bill; and as the sum claimed is specific,
and anagreement has been filed admitting assets, there can be
no necessity for sending the case to the auditor for an account.

The bill claims the sum of $2100, with interest from the date
of the dissolution of the partnership, on the 9th of February,
1838, but I think I shall be doing justice by giving interest
from the day the bill was filed, on the 24th of June, 1841, and
shall so decree.