The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-02-07 00:00:00

EXETER DISTRICT COURT OF BANKRUPTCY.

THURSDAY, Jan. 26 —(lletore Mr.

Andrews.)

Re Jose))A Redwood, veterinary surgeon, late of
Charminster, Dorset—This was a meeting held to fur-
ther consider • question raised by Mr. Clarke (solicitor)
at the last hearing, as to whether the bankruptcy ought
not to be annulled • his Honour having decided that a
partnership existed between the bankrupt and Mr.
Bennett; and Mr. Clarke having stated that the peps-
rate estate of Redwood dad not amount to 1.:150.
Mr. Clarke appeared for the assignees, and Mr. J. H.
Terrell appeared for Mr. Bennett.
Mr. Clarke said he hail reconsidered the point which
he had raised as to the sufficiency of assets in this matter,
and OA to whether the bankruptcy ought to be annulled;
and having consulted with the assignees on it, he had no
further observations to make, and would therefore allow
the matter to take the course which his Honour had
previonsly thought advisable.
His Honour said ,his order 'would then stand am
before.
Mr. Terrell said he had no objection to this course.
His Honour said he did not think Mr. Clarke could
have made anything of the point which he raised.
Mr. Terrell :-1 don't think the cases cited bear
on it.
His Honour said he had read the cases which would
have been quoted by Mr. Clarke, and lie agreed with
, Mr. Terrell that they were of a different character from
that which had been imagined.
Mr. Clarke said that independent of that he had no
instructions to go further in the matter.
His Honour having referred to the order, the outline
of which he had stated at a previous Court,
Mr. Clarke said lie understood Mr. Bennett had en-
deavoured to effect a comproluixe with some of the
creditors, and hit Honour's order wonld consequently,
lie trusted, direct that any surrius which remained after
Mr. Bennett liquidated the partnership debts would be
handed over to the assignees.
His Honour :—Yes, certainly.
Mr. Terrell said Mr. Bennett had already paid £9O

for debts.
Mr. Clarke said it would be very desirable if Mr.
Bennett would first pay the debts, and then come and
receive the money from the official assignee.
His Honour :—That is what he proposes to do, is it
not!
Mr. Bennett :—Any way your Honour orders.
His Honour said he could make no order on that
point. They must arrange that matter between them-
selves. His order would stand that the money realised
on the estate should be banded over to Mr. Bennett to
pay the partnership debts, on giving security to the
assignees, if required, that he would so apply the
moneys.
Mr. Terrell said if Mr. Bennett paid the debts first
be would not be called upon to find security.
His Honour :—No. If he pays the debts and then
applies for the moneys which he has paid, no security
will be required. My judgment is, that after the pay-
'tient of the partnership debts, the balance (if any) shall
be handed over to the assignees, and applied to the sepa-
rate estates of the bankrupt.
Mr. Clarke asked if his Honour would fix any time
for the balance to be paid over? He understood that
there was one or two actions looming against Mr.
Itemwtt—one threatened by Mr. Pitts on behalf of
Walker, the apprentice to Redwood. If his Honour
did not make any order, he argued that Mr. Bennett
might hold that money to meet any oontingency which
might arise.
Mr. Terrell said he could not see what surplus there
would be.
Mr. Clarke said there would be • surplus if Mr.
Bennett effected a compromise with the creditors.
Mr. Bennett said Mr. Pitts had written to him for
£66 on behalf of Walker.
Mr. Terrell :—And that is not included in the part.
nership liability. Mr. Bennett will only pay the debts
which appear on the balance-sheet as partnership
debts.
His Honour said lie had not the figures before him;
but, if lie recollected rightly, the net sum of assets
would be barely sufficient to pay the debts which were
ascertained to exist on the partnership; and, if this
were so, lie could not see that any harm could be done,
as there would probably be no surplus, and if there were,
it would be so small and insignificant as to be perfectly
iinmaterial. The better way would be for Mr. Clarke
and Mr. Terrell to draw up the order (which would re.
quire seine care), in conformity with the outline he had
given, and submit it to him to-morrow.
Mr. Terrell said be did not think they should disagree
on the matter.
Mr. Clarke said, Mr. Bennett might be in • position
to make • compromise with some of the creditors which
they knew nothing of, and he would ask his Honour to
order the surplus (which would arise in such a case), to
be handed over without delay.
His Honour said, looking at the fact that be had to
discharge the debt due on the estate, he had made the
best order he was capable of doing for all parties. The
learned commissioner having again gone over the beads
of his order, said in dealing with the case he was taking
on himself the duties of the Court of Chancery, but
Mr Bennett having placed himself under his jurisdic-
tion, he, in taking the benefit of his (Commissioner's)
order must also take the owns of it. At the same time
it was open to either party to apply to another

beads

Court.
Mr. Terrell applied to his Honour to allow Mr.
Bennett some expenses for coming there. He had been
there several times.
Mr. Hirt:el (official assignee) :—How can you—what
fund can you take it out of
His Honour said there was no fond to allow expenses
from; and any claim of this kind should have been pre.
(erred prior to this time. So much expense would not
have been incurred if Mr. Bennett had earlier made up
his wind what course he would pursue.
Mr. Bennett said he came down at the cant.
The Commissioner said no motion was made to him

on-the subject.
Mr. Bennett said the late Mr. Btogdon, who thee ap-
peared in the case, objected to his speaking. Mr. Pitts
was also engaged in the case at that time.
His Honour said he ieeollected tlus time when Mr.
Pitta was about to examine the pLaintiff, but said it
might be objected to, u he had not proved his debt.
In fact lie objected to it himself at the same time that
Mr. Stogdon we. rising to do so.
No expenses were allowed in the matter, and the
subject then dropped, with the understanding that
the legal gentlemen engaged in the cue should draw
up the Anal order, to be suborittod to his Honour for
his sanction.