The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-07-05 00:00:00

AND AGRICULTURAL G.

doubt it **aid be eememberad thill the beilirapt was
fotmerlY in parteership with a Kr. Biker,. and he
believed there was now in the eiert hie ariaing from
the joint credit.' of Hater and Boaor. The debt due
to timers. Williams end Co.- for whom he appeared -
arose in tl.ii way. Mr. Baser, who suraived Mr. Baker
kept on at the bank what might be termed the same
banking amount afterwards with Mama Williams le
had been kept before in the joint name of Baker and
&mot ; but he also opened a DOW amount of his own
for the purpose, be said, of keeping matters distinct,
and he alleged that he paid into the old account the
assets belonging to the joint estate and he drew on the
old amount in the name of Baker and Baser to pay
liabilities on the estate, representing to Messrs. Williams
that the melte were a good deal more than sufficient to
cover their liabilities. At the time of Ell.oel failure
the account of Raker and Rotor was overdrawn to the
extent of £2 200 or 1:2,300, but the separate amount of
Easor ws 1,, credit to the extent of about £1,600.
kissers. Williams and , when they found they could
not get any settlement or arrangement with Resat with
reference to this secountt, of course transferred the
balance of Ensor'a separate account to the other side in
tatisfaction, as far as it went, of the balance due on the
joint asoount. leaving £742 lie. 10d. still due to them.
Thrre was 'his claim accordingly now pot on the file and
he submitted that the funds in wart arising from the joint
est Ste, &moulting to about LTA, was first of all
applicable to the discharge of the joint liabilities. His
clients, the banters, were the only creditors he believed
against the joint estate. He would therefore ask that
an order sboald be made for the payment to Mows.
William, of that balance end that alter that they should
be allowed to prove for the remainder of their claim
—66125 lie 101.—on Ensor's separate estate. •
Mr. Petheriek said he had no instructions on this
matter, but it was clear that the bank could not prove
on both estate.; they mast sleet one or the other.
Some conversation followed this in which the Registrar,
Official Assignee, and Mr. Pathetic* remarked that it
w•• • very singular as well as extraordloary case, con-
sidering the way in which the two accounts had
been kept °pea.
Kr. Petberick said it seemed that the partnership
was still-in existence at the time of the bankruptcy for
it had never been wound up in any possible way, and
they did not now know the porition of the parties; it
might be that Baker was greatly indeb•ed to linear and
Om mosey spoken of migut have belonged to the
estate. . . . . .

The Registrar thought that the bank had had a
" very good haul" out of the estate.
Mr. Pei herick referred V+ the bankrupt's transactions
with • Mr. Paul, bet Mr. Symonds said that gentleman
c•uld not make any somplaint ; he bad only himself to
blame for anything that might bare occurrel.
The Magi .41 a. we.* No•toogly 64.4644 be ibiisi
that Mr. Symonds could not tithe both courses; eves
'upscale* that the bask were entitled to have the
majority of the arena, yet they could not aims into
competition with the separate creditors of Savor. They
would have to wait until the separate coeditors were
paid in full out of the separate assete before they could
prove for their balance. He was very mush inclined to
think this, and he believed he should ultimately oome
to this conclusion. He thoucht it would be more
satisfaetory for them to prove jointly with then. It
appeared that there was no partnership at the time,
but that Senor was really caxryine on the partnership
to wind op the affain and endeavouring to keep apart
the joist and separate es:eti and liabilities; they oould
not say that the debts be contracted Hier Baker loft
him were the joint debts of Baker and Biisor.
Mr. Symonds consented to take this as a decision so it
to get over the difficalty.
A deem for £.115 was on the Me from Thomas Smith
Pouncy.

Mr. 'Symonds opposed it, remarking thst it was really
nc elaim at all, and Pouney bad be thought no right to
come with it, as it related to • dispute about market
tolls whisk eost him nothing.
The Registrar adjourned the sou to 7th July to give
Pommy an opportunity to subst•etiste his elaim. The
proofs of a number of creditors were admitted, the
prineipal ones being as follow.: Joseph Paul,
near Cattistock, gentleman. £321 9•;John Ramo', Dor-
chester, merchant, £152 16a.; Richard Crocker, Pow
• Iwerne Minster, farmer. £l3l 19, 44.; Robert
Palmer, gentleman, Berington. £129 151. 6d.; John
Good, Dorchester, surgeon, £ll4 2s. 6d; °now M.
Heaton, Wooton•under Edge, gentleman, £4l Ils. 11d.