The Express.
London, England, 1853-08-27 00:00:00

intelitgatci.

(OU:a OF HANKRCPTCY.—YEsTeituAT.
Baron,' ML enseinvosi.a
Ix us Flcryz A:VI) IVIFIL

The bankrupts, Edward Cowper Fjtle, Ebenezer Wathen
rjffe' us.l Eaward Fyffe, jun-, had curried on business as
Meet India merchants, in Howford-buildings, Fenchurch-
atuet, and at Calcutta. The business at the latter place
bad torn conducted by Edward Ft ffc, jun , who has died
sines she bankruptcy. This was the adjourned last exited
nation meeting. The aceouuts, which are voleminous, ea-
tend over two years prior to the failure in February, 1652,
and embrace the following items :—To unsecured creditors,
1059/ ; to those holding security, 34,9771. ' • liability in
rennet of outstanding consignments, 1,7611. ; ditto in
respect of unfulfilled contracts, 5,2921.; capital, 3,5711.;
profits, 9,1831. By good debtors, 1,0101. ; property, 1,7561.;
ditto held u security, 23,771!. ; ditto retained cgainat dis-
puted liability, 6431. ; nett sum due on consignments in the
hand, of E. Fyffe, jun., et Calcutta, 4,0651. ; expenses,
.. 6,643/. • looses, 23,4941.; drawings of E. C. Fyffe, 4841. ;
ditto of E. Fyffe, jun., 1,031/. ; ditto of E W. Fyffe, 452!.
Mr. Linklater, representing E. W. Fyffe, stated that the
adjournment had taken place, to enable the assignees to
obtain accounts from Calcutta. Since then the partner
there had died, haring previously taken the benefit of the
insolvent act, and the assignees were now content that the
other bankrupts should pus.
Mr. Ruck. for the aasig..ees, offered no opposition.
Mr. Flews, fir a creditor, intimated that he should
oppose the bankrupts on the application for their certifi-
cates.

Die bankrupts then posted, and a day was named fur
the certificate meeting.
TYADER•DEITOR SUMMONS.—PoINT OF PRACTICE.
Mr. Brown appeared for a party who had been sum-
moned under the trader-debt, r clauses, and took the objec-
tion, inter slia, that the party summoned was not a trader.
Mr. Beard (from the office of Mr. Buchanan), who ap-
peared in support of the summons, contended that proof
of the trsding ought not to be required at that stage, but
only on the adjudication. lie cited decisions of Mr. Com-
missioner Fonblenque and others, in support of this view.
On the other side, a decision of Mr. Commissioner Evans
was referred to, where proof of the trading was required
to he given on the hearing of the summons.
His Honour relied on the latter decision, and required
proof of the trading.
The plaintiff not being prepared with the necessary evi-
dence, the summons was dismissed.
"ROSEMARY BRANCH GARDENS."
This was the first meeting under the bankruptcy of Was.
Barton, described as a licensed victualler, of the Rosemary
Branch Gardens, Islington. The adjudication was made a
few days ago, on the petition of Messrs. Utley, plumbers,
of the Kingsland-road. A number of creditors were in
attendance to prove their debts, and proofs to the amount
of 3,0001. were ylaced on the file. The total liabilities of
the bankrupt are estimated at between 7,0001. and 8,000 f.,
and there is said to be a probability of a large dividend.
Several of the proofs were opposed, including that of
Messrs. Riley, one of the items iu whose account excited
some amusement—" 8,1. for a weathercock."

Mr. Joseph linty proved the order gist's by the bank-
rupt, who said he sewed n first-rate article, feet high.
• drawing was afterwards shown to him, which be approved,
bat nothiug whatever wAs said about the cost. It was of
a very ornamentsl character, comprising a large figure of a
woman on horseback.

The bankrupt di posed that Mr. itiley informed him the
price would not be more than 201. or 251.
His Honour thought it a fit subject for arbitration.
The bankrupt said he had offered an arbitration in the
first instance, hut. instead of accepting it Messrs. Riley
took procatilings against him. An athitiation was not
pos,ible now, as his circus had been burnt down, mid the
weathercock melted.

Mr. A. Levy, who supported Messrs Miley's proof, said
the weathercock was meant, from its ornamental character,
to attrac •isiton to tie gardens— (laughter) —and on this
account it• •clue would be greater than that of the nitre
amount of metal.

Mr. Jewett, on behalf of several large creditors, opposed
the proof.
Ills 11-nour admitted the proof for 45/._
- -

Mr. Ihdal, contractor, of City-wharf, and Mr. Jay,
builder, of Macclesfield-strict, were chosen trade assig-
nees ; Mr. Canaan is the offend nssigneo ; and Mr. Jewett
the solicitor under the baukruplcy.