430 WILLIAMSON v. WILLIAMSON.

same time the receiver reported, that he had a considerable sum
in his hands, as to the disposition of which he prayed the order and
direction of the court.

21st July, 1826. —BLAND, Chancellor. —Upon these petitions of
those who present themselves in this suit as creditors of the firm
of Wilson, Williamson & Co., it becomes necessary to consider this
case in a new point of view; and to determine its general charac-
ter, as well in relation to the original litigants, as to those who
now propose to be admitted as parties, and have a control over its
future course.

The bill states, that a partnership had been formed and conducted
for some time between the plaintiff and the defendants, and that the
firm had, just previous to the institution of this suit, become insol-
vent, these facts have been admitted by the answer. These ori-
ginal parties are then, at least to the extent of their joint concern
as merchants, to be considered as insolvent debtors; as such they
must, in equity, be regarded as mere trustees for the benefit of
their creditors; and therefore neither of them can be allowed to
derive any pecuniary advantage to himself from this suit. The
proper and sole object of this bill is to have the funds of Wilson,
Williamson & Co. collected and distributed, so far as they will go,
among the creditors of the firm in satisfaction of their claims,
according to the principles of equity. This matter has been brought
here by insolvent debtors for the purpose of obtaining a partial dis-
charge from the claims to which they are liable, and in that way to
procure some" relief to themselves. But the whole pecuniary benefit
of the suit, must, according to their own admissions, be awarded
to their creditors. The mere form and phraseology of the bill can-
not materially affect the nature of the case which it brings
before the court; and hence, although this is not a suit instituted
by a creditor either for himself alone, or for himself and others,
against his insolvent debtor; or against the representatives
of his deceased debtor to have his real and personal assets admin-
istered for the benefit of his creditors; yet it is a suit which, by
the express admission of the insolvent parties, has placed under
the control of the court a considerable fund for the benefit of those
who are the creditors of the plaintiff and the defendants jointly.
It must therefore be considered in all respects as a creditors' suit;
and these petitioning creditors must be allowed to come in as par-
ties; and all the other creditors of this firm must be called on by
a public notice, in the usual form, to bring in the vouchers of their