The Express.
London, England, 1849-03-27 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 27, 1849.

ILab3 3intentenue.

EQUITY COURT6l.—Yammartior.
Mare ViesXbaseettor Haight Brace.
En Boxotow as MACLIAN. —Bums or Excganon.
The petitioners, who were ironmasters at lltddlesboungh-
on-Tees, sought to prove on two bills of eschange for 2,0001.
each, forming part of a sum of 11,5001., payable under en
agreement sawle between them and the bankrupt, Mr.
Dona hl Maclean, In February, 1846. By this agreement
the petitioners contracted to sell, and the bankrupt to bay,
4.000 tom of railway by iron, at 121. 12s. 66. per ton; an 4
the bankrupt further agreed to pay a deposit of 11,6001.,
which was stated to be, according to the custom of the trade,
a security for the performance of the contract, and to be re-
tained as an indemnity against its non-performance. Oa
I March 11 the petitioners received from the bankrupt's agent
a promissory note for 6.0001., payable at these months th the
order of a Kim Maitland, and endorsed by her a bill for
2,6001.; and the two bills on which the proof was now
sought to be established which had been rejected by the com-
missioner. Mr. Russell and Mr. Goodeve supported the
petition ; Mr. Bacon and Mr. Cole, for the assignees,contended
that, upon the evidence, the bilks wen not given for a bored
fide consideration, but formed part of a f accommo-
dation transactions. They also contended that the claim
was one for unliquidated damages, which according to
" Greta o. Be knell" (8 Adolphus, and Ellis, 701); and
" Boorman r. Nash" (9 Damsviall, and Cresswell, 146);
could not be proved.
The Vice-Chancellor said, that if the tranasetions were
such as the petition represented, he was not prepared to say
that there mould be no right of proof, although the amount
to be proved would be another question. In saying which,
his Honour did not mean to intimate any dissent from the
authorities cited, from which the existence of the bills
materially distinguished the present case. The question
however remained whether, upon the evidence, the case
stated upon the petition wee made out. On this point his
Honour doubted, and directed the petition to stand over till
Saturday, that some course might be suggested for trying
the question effectually.

COURT OF BAHHILIIPTCY.—YntriunDat.
Seams Ur. Owarniwkwer shepherd.
EXTEXIIIVZ BILL TIANSACTIONS.
J. Blaney. &dm t-maker and timber-merchant, of Skin-
isevetreet, BAskepegate appieed for his certificate, supported
by
.Mr. Lawrasse, and append by Mr. Duncan, for the
assignees. The ipal ids of opposition were that
the bankrupt bed kept Be Treeks, though he bad carried on
an extensive system of loon for obAuoing the discount of
bills, and that his tradinv- had been reckless. His balance-
sheet showed a comparatively small amount of debts, se-
cured and unsecured, only between 6001. and 6001., and
about 1301 of assets, of which 911. bad been realised ; but
his liabilities in respect of the bills with which he had dealt
anointed to no less than 6,1631. Of these liabilities, how-
ever, it is not expected that a large proportion will come
ageless the estate. The saws nut down as profit, low, and
expenses were merely estimated there being no voucher...—
His Honour said this was a case in which the untradeamen-
conduct of the bankrupt must be visited with a severe
sentence. The certificate must be suspended for twelve
months, no protection to be given till ha had been six
months in prison.