
    Dewit v. Staniford.
    An indebitatus assumpsit doth not lie by one partner in trade against another, upon tbeir unliquidated accounts.
    ActioN of indebitatus assumpsit; declaring, that the plaintiff and defendant with two others were traders in company, in A. D. 1784, and indebted to Mr. Webb by note £297 6s.; that said Mr. Webb has recovered of him tbe whole of said debt, amounting to £400; that said other two partners are bankrupt, and it is the duty of the defendant to pay one-half of it; and so raises the promise.
    Plea in abatement — That there had been large trade and dealings carried on by said company; that the plaintiff had received large sums of the company’s money, which hath not been accounted for, the accounts having never been settled. Demurrer.
   Judgment — Plea sufficient. Eor it would be improper and impracticable for the court in this action to settle and adjust those accounts, which is the proper business- of auditors to do, in order to find whether there is anything due to the plaintiff or not.  