The Express.
London, England, 1853-12-24 00:00:00

IN Ni r:sugx.

This was t'.e examination meeting in the case of ocustus
1/..her, sureiving portr.er of the firm of Foskes and F.sher,
trading as colonial hrei •re, in Mincing-laae. The ace,oo ate,
prepared by Mr. Maynard, extended over fourteen months
prior to the failure in November last, and showed a sum of
4,1191. due to unsecured creditors, 3.3531. to those holding
security, and 10,193/. of liabilities. The wets in good debts
and property were about 8001. The profits had been 1,0171;
loses, 7121. • expensee, 2,231 f. ; debts paid of lushes and
Fisher, 6,0031.
Mr. Peaarll, the official assignee, reported that the bank-
rupt had carried on business in Mincing•lane as a colonial
broker. He appeared to have commenced trading on the
let of January, 1819, at which time he entered into part-
Denlio with a person of the name of Foakes, the business
being carried on under the firm of Foakes and Fisher.
Both partners were without capital, and, to enable them to
commence, a sum of 2,0001. was borrowed of the
bankrupt's father, w!iich amount a still owieg. Foakes
died in September, 1952, when the partnership mutate
were mad. up, showing that the concern was then insolvent
to the extent of 12,3521. The bankrupt, however, still con-
tinwel the business, and to enable him to do so he borrowed
a further sum of ;3,3001. from his father, which also re•
maintJ unpaid. From as analysis of the accounts it was
leiter that the bankrupt ought not to have continued his trade
when, after the death of his partner, he found himself insol-
vent to such a large amount. The subsequent trading
showed that new debts had been contracted to the
amount of 3,6721, and that he had paid by that mews
6,0034. to the creditors of the old firm. The books had been
well and accurately kept, and the balance-sheet was fully
corroborated by them.
Mr. Lawrence, on behalf of the assignee, Mr. Croysdill,
expressed hatsatianction with the accounts, and the bank-
rupt passed.

IN RE BARER.

This was the certificate meeting in the ease of 11. Baker.
ironmonger, New Oxford-street. His debts were 8541. ;
wets about 3s. in:the pound. rho bankrupt had come to the
court on his own petition, making the usual affidavit that
he had 6e. in the pound.
Mr. Ni.tholaon, the official assignee, reported that, about
• month before the failure, the bankrupt had Ist his brother
here goods and ca►h to the amount of 981., in part payment
of • debt of 1371. . . .

Mr. Randall, for the assignees, offered no opposition.
His Honour said this was one of a class of cans which were
booming too common. The bankrupt had petitioned the
court himself, swearing that be had enough to pay his credi-
tors be. in the pound ; whertu it turned out that he had no-
thing of the kind. This was nothing less than a fraud on the
court, sad the practice must be stopped. Then he had been
guilty of • fraudulent preference, which he probably
thought justifiable because it was made to a relative ; but it
was no less unjust towards the rest of the creditors. The
certificate would be suspended three months from the date
of the petition, with protection.

IN US WILLIAMS.
The bankrupt wee a member of the firm of Williams and
Merchant, railway contractors, who lately passed through
this court, paying all the joint creditors in full. A proof
had shies been tendered against the repents estate of Wil-
liams, fee 2,2501., onbehalf of Mr. David Price, of Liver-
pool, fotnierly in partnership with Mr. Williams. The,
claim anise oat of an agreement into which they bad
entered, on the dissolution of their partnenhip on the 24th
July, 1849, whereby Williams undertook to pay to Price
2,5001. for his moiety of the warehowes which were their
joint property. The proof was resisted on the ground that
the agreement was fraudulent in law, being founded on an
erroneous estimate of the debts due to the lire. The ease
had been argued at great length by Mr. Bagley, on the
part of the claimant, Mr. Wiles on behalf of the assignees,
and Mr. Sumner for the baiikrupt—Mr. Commissioner
llolroyd sitting along with Mr. Commissioner Goulburn to
bear the arguments.
His Hewer_ (Goulburn) now gave judgment, in which
he stated that his brother Holroyd entirely concurred. It
was coaseded en all hands that upon the covenant, as it
stood, Pries would be entitled to recover against Williams ;
the esly quesdas was, whether it was void by fraud, or
team as War came. The court came distinctly to the
thane fraud whatever had been proved in the
traanmaken. It bad been further contended that if the
agreement were founded on a mistaken calculation of the
value of the business, it would be. void ; and the evidence
went to show that a sum of '2,5001. had been erroneously
, stated by Price as being due to the firm. But se this wen
an error which Williams equally had the means of correct-
leg, it could not be held to vitiate the agreement. The court
would thetefore admit the proof for the full amount, and
give ovate out of the estate.

IWO= Mt.

LN IX F. F. PDX.

This was an adjourned last examination meeting. The
bealuni_pt wasa tailor, of Cornbill.
Ili. Reed, for the ass es, stated that at the last asset•
lag it was alleged by the bankrupt that a sun of 9601. had
been rewind by Mr. King, who was to manage the Dl'S-
nemand keep the books, which sum he had not accounted
for. Since the last meeting Mr. King had explained as to
11301. to the bankrupt's satisfaction, but he still charged
Ma with not accounting for 4781. Mr. King had Sled •
statement of the circumstances, which he (Mr. Reed)
would read. The statement having been read,
Hie Honour said the substance of it was that Mr. King
was Vs manage the bankrupt's business (at a salary of 3001.
• yea), which he believed to be free from bards's ; but it
turned out that such was not the feet, and in the ecstasies
which arose in consequence, and having to ran is different
directions to get mosey, he was unable to attend ,to his
duties as book-keeper and manager; but having gone
through the accounts, he had been enabled to identify a
number of payments stated not to Dave been made.
Mr. Lawrence, for the bankrupt, said he knew nothing of
SONG.
Mr. Reed said that certain debts were pat down in the
balance sheet, bat whoa the pieties to whom they referred
were written to on the subject they produced their receipts.
Mr. Ili Ileary,who represented Mr. King, stated that certain
orders by customers were tasseled in the books at the time
bat the orders were never executed.

His Honour said he did not perceive that there was
any mesas of showing that either of them bad been guilty
of fraud. This was • ease in which the bankrupt ought to
be punished. Nothing was more contrary to all propriety
ea the part of a trader where he found himself befog sued
by creditor upon creditor to kee) struggling on. When he
found himself in such a state of embarrumsent, it was his
duty to call his creditors together, lay before them a state-
ment of his affairs with the view to an tuvangement, and
if that could not be carried out, to at race come to this
court.

Mr. Reed then said there was another plat to which he
wished to refer. Messrs. Thomas and Boa, who were
pat down as creditors for 8861., were stated to hold as
security goods of the value of 1,2691. Mums. Thomas and
Son ware solicitors, of Fen-court, Fenekureb-stmet. A
saillaCCS had been served upon Mr. Thomas, jun., the
father being very aged, and the assignees required that
amounts should be rendered respecting those goods, but
none had hem The magnets, therefore, aoald not m-
eant to the bankrupt passing when it was feud that there
were no definite accounts of 'the disposition of property of
the value of nearly 2,0001.
His Honour (to bankrapt)—ls there any amount is your
books of the amount of goods sent to Messrs. Thomas?
Bankrupt—lt was left. to Mr. King.
Mr. King said he wrote an account of the goods es some
pieces of paper , which he left with the clerks( a gendsmea
who was to have acted as bankrupt's accountant, to be
called for by the bankrupt ; but it appeased be had not so
called, aid he (Mr. King) had no doubt they were fa a
pigeon-hole in the office, but unknown to that gentleman.
In answer to his Honour,
Er. King said those goods had been purchased by his
present employers, together with the lease of the premises
they occupied.
Mr. Halms, said, after his Honour's observation, might
he take it as stated that there was no aspersion on the Chi-
nester of Mr. King, and that he left the court an honest
man.
His Honour did not me anything against Mr. King as
an honest man. Us left the court aa such.
After a conversation, the bankrupt passed; he promising
to reader every assistance to the assignees in the course of

their inquiries. -
Kr. King expressed hie readiness to do the we.