John Archibald Campbell

“ In the case before us, entire accuracy is not to be looked for. Bispham is credited with proportions of profit arising from 'unfinished business,' and is charged with proportions of 'estimated gains.' There are items, which Archer pointed to as debatable, which he had conceded, and there are allowances to him, which might be considered as narrow. He regarded the settlement as a liberal one to Bispham. ”

“ The statement of the liability in the accounts is particular and exact. The portion of each partner is determined with precision. Archer acknowledges to have received Bispham's share, and 'absolves' him from further claim; while Bispham expresses his satisfaction with the whole result, and exonerates Archer from future responsibility. Whether we consider the averments in the pleadings, or the evidence, we must take the settlement as a sedate and deliberate adjustment of the affairs of the partnership, so far as they were ascertained and could be made the subject of an arrangement. ”

“ Archer's dying six years after the settlement, was a mistake, but if so, it was not a wilful mistake, and surely not such a mistake as would induce a court of equity to set aside all the contracts he had made in his lifetime.
If the ground really be, that Mr. Bispham was ignorant of the rule of law which discharges the estate of a deceased surety, against whom a judgment has been obtained jointly with his principal, the answer is twofold.
1. That there is no evidence whatever that Mr. Bispham was, in fact, ignorant of that rule of law. He nowhere asserts himself to have been so ignorant ”

“ In the absence of mistake, or fraud, does there arise an equity in favor of the plaintiff, by the averment that it was assumed in the settlement, that there was a liability against Archer, which the United States might, at all times, and under all circumstances, enforce ”

“ In this letter, after discussing various items of the account indicative of liberality, and justifying others, he says, 'if there is any thing in this settlement which does not meet with your approbation, I wish you to state it candidly to William Foster, with your reasons, and let him, as your agent, appoint an arbitrator, and my father, as mine, will name another, and let them say what is just and right under all circumstances, embracing the gain allowed you, on the shipment of raw silk in settlement, and open the account anew for adjustment. ”

“ This view of the subject, however, necessarily points out another light in which it may be viewed as within the scope of equitable relief, viz. 'accident.'
The definition of 'accident,' as given by Mr. Jeremy, embraces this very case; he defines it to be 'an occurrence in relation to a contract which was not anticipated by the parties, when the same was entered into, and which gives an undue advantage to one of them over the other in a court of 'law.'
And the exception, taken to this definition by Mr. Justice Story, is that the term 'contracts' is not sufficiently general. Story's Eq. ”

“ If we regard this money as a deposit in the hands of Archer, to be applied to a specific object, or to abide the action of the government against him, in either case the statute would afford a bar. The assumpsit in the one would be to pay the money in a reasonable time, and a cause of action would accrue upon a neglect of this duty. ”

“ There is no evidence in the case on that point, but the appellee's counsel is instructed to say that they did meet, and that Mr. Archer, after a lingering illness, actually died in Mr. Bispham's house, at Mount Holly, N. J., where he had been staying for several weeks as a guest. ”

“ The Master of the Rolls said, 'these parties, situated as they were, might fairly and honestly deal with each other, with respect to the share of any one, notwithstanding the ignorance in which they were as to the exact value. ”

“ Now, still looking at the settlement as relating to the bonds alone, it will be observed that the position of the parties was this. Mr. Archer was absolutely liable to the United States for the whole amount of the judgments, long before obtained against him. Mr. Bispham was liable to him for one half of what he should be obliged to pay, unless Mr. Foster's proportion could be recovered, and the recovery of that was quite desperate. Notwithstanding the award, Mr. Archer left Mr. Bispham at perfect liberty to accept or reject its terms. Mr. Bispham might either have determined to wait till Mr. ”

“ Bispham.
3 and 4. The acknowledgment of payment, and the mutual exoneration are to be found in the letters above referred to. Mr. Bispham, in his letter of August 18th, 1837, (Record, p. 24,) after acknowledging the receipt of the amount due under the award and settlement, and reciting what he understood to be the exception, adds, 'and intending this letter as entirely exonerating you from any further claims from myself, heirs, or executors, I am,' &c. The appellant (Brief, p. 16) contends that this was not a technical release ”

“ Thus, if an estate be sold by A, to B, for a certain sum of money, and an annuity, and the agreement be fair, equity will not grant relief, although the party dies before the payment of any annuity. Mortimer v. Capper, 1 Bro. Ch. R. 156; Jackson v. Lever, 3 Bro. Ch. R. 605; and see 9 Ves. 246.
There is a sort of suggestion on pages 17 and 18, of the brief, that Mr. Bispham, at the date of the confirmation of the settlement, supposed that Mr. Archer had actually paid the bonds, and that he had been led into this mistake by the assertions of Mr. Archer himself. Of Mr. ”