The Express.
London, England, 1851-11-08 00:00:00

tie' of assignment for the benefit of creditors did not
snetunt to notice of a prior act of bankruptcy. •
Ihe court th, r thoulilit that Upon the point as to
whether Petri,: uu.l llorrocks were Nutters to the share
tran=actioss, no role ought t•I b.: granted. but it would be
ilioiroble to nA tmu the opihiou nt the learned judge who
tried the late, as to the net 01 bankruptcy.
We are ri into. it to state the I,INCILII jury ease in this
court which was fixed for to-inormw (this) morning has
been settled, and that, therefore, the jurors summoned to
try the ease Deed not attend.

COURT OF BANKRUPTCY.—TF.STERDAT.
BURRS 110LROTO.
IN RR FRANK C.ANTLI.tI.—ENTENSIVE MERCANTILE
FAILCRE.
This was the first meeting, for proof of debts and choice
of assignees, in the ease of Frank Castelli, described as a
Rierchant, of Bury-street, St. Mary Axe, who had traded
order the firm of Castelli, Giustiniani, ani Co. There was
loot a large number of creditors in attendance, an impres-
sion prevailing that the choice would be adjourned. in order
to combine the proceedings with those against F. F. Brag-
giotti, another member of the firm, who bad been adjudi-
cated bankrupt on the pre ceding day.
Messrs. 01iver,,,,,, and Livie appeared for the petitioning
creditors, Messrs. Chapman, colonial brokers, of Mincing-
lane. Mr. Lawrence represented the house of Lakeente
and Webster. of Liverpool. Mr. Illoble r appeared fir Peter
Clarke and Co., merchants, of Zante and Cephalonia, who
are creditors, on bills, for about 22,060!. Mr. Cotterill ap-
peared for Messrs. Le Bruton and Co., merchants, of
Crosby-square, and other large creditors.
Mr. Lowrance suggested that the choice of assignees
should be deferred. Hi. clients hail filed a petition against
four other members of the firm, who, as they contended,
were still partners, and liable to the debts contracted down
to the bankruptcy of Mr. Frank Critelli. The most con-
venient course would he to adjourn this choice under the
separate petition, so that the creditors might have an oppor-
tunity of choosing under the joint petition.
Mr. Cotteril urged that there were no joint assets of the
old firm, and very few joint debts.
Mr. 'feebler said he had to put forward a proof, on be-
half of Messrs. Peter Clarke and Co., of Zante, for 4,400/.;
and he claimed to prove against the firm of Frank Castelli,
Lererio Castelli, Brice Giustiniani, Leonardo Giustiniani,
Giovanni Baptiste Giustiniani, end Francesco F. Brag-
giotfi, of whom the firm originally consisted. This firm
hail never been dissolved. There had never been any
dissolution gazette!, nor any notice to the cieditors of a
dissolution. All the transactions hail been in the firm of
, Castedli, Giustiniani, and Co., and on that ground he
' tendered his proof against that firm, including all these
parties.
Mr. Lawranee said—The facts of the case are substant:ally
these :—Some years since a firm was constituted, cadet'
Castelli, Giustiniani, and Co. That style at firm con-
tinued down till the failure of Frank Castelli. Ile
traded as Castelli, Giustiniani, and Co., and he
stopped payment under that style. Down to the
very period when the creditors were called toge-
ther, they were under the impression that certain per-
sans whom they hail supposed to be partners, continued to
be so; and it was only then that it was disclosed that the
firm of Castelli, Giustiniani and Co. was represented by
Frank Castelli only. This proposition substantially was--
that nil the persons who have continued to trust the
firm of Castelli, Giustiniani and Co., have trusted all the
parties who were members of that firm at the time that
style was assumed ; that they were, in truth, all partners
I then; that they have confinui el to be partners; and the
object of the present petition the adjudication is to include'
not merely thoac parties who, as Mr. Cotterill, represents '
were engaged in the firm at the time of the stoppage of
Frank Castelli, but the members of the several mer-
cantile firma with which these gentlemen have been
connected either here or in Constantinople. lie (Mr. Law
ranee) called the attention of the court to the fact that ano-
ther and more comprehensive petition had been presented,
where all the rights of all parties would be entered into.
He might observe that Mr. Cutteril had already presented a
petition against Braggiotti.
The Commissioner intimated that he thought, from what
bed been already said, the present petition against F. Cas-
talli should go on.
Mr. llobleor would reniinil hi, Honour that there had
sever been any notice published in the Gazelle of any dis-
solution of partnership, nor had any notice been sent to the
creditors.
The Commissioner—l wish it to be understood that lam
mat expressing any opinion, one way or the other, as to
how long the partnership continued. As the matter will be
disputed by certain parties I think all the parties ought to
be represented.
Mr. Holder said in 1811 the firm had consisted of the•
billowing members: Frank eastern (in London), Michel
Castelli (now in Leghorn), John Castelli (dead in Leg-
horn about two years ago), lkimenicio Castelli, Vincent
Giustiniani, Francesco Giustiniani (now in Leghorn),
Michel lteggio (now in Leghorn), Ignace Castelli (Con-
stantinople), Francon* J. Castelli (Constantinople), and
Jacques Albion (director of the Bank of Constantinople).
These continued down to 1816, when his clients (Messrs.
Clarke), who lived at Cephalonia, received notice that
seetain parties had left the firm, and that the firm was
then constituted of Fronk Castelli, Saverio Castelli,
Deice Giustiniani, Leonardo Giustiniani, Giovanni
Baptists Giustiniani, and Franeeaco Francescovitch Brag
ideate. Since then they had hail no waive of any
change in the firm whatever. The style need bail been
that of Castelli, Giustiniani, and Co., the same as before,
ever since 1811. The parties dealing with them had dealt
expressly on the belief that they were dealing with those
persons. The world had had no notice of any withdrawal,
either by notice to the creditors, or officially through the
Gazette. Ilk clients were very heavy creditors, tor
about '22,00111, in respect of part of which bills were
now before the court fur 4,4001. They had dealt on the
faith that they were dealing with the firm ; he therefore
claimed to In; permitted to prove against the estate of F.
Castelli as a member of that firm. One of the firm, Gio-
vanni Baptista Giustiniani, had been here a short time
ago, and he had left London it was believed at the request
of Frank Castelli. Saverio Castelli was also here, as was
Braggiotti and the greater part of the firm were, or had I
been, in London. The partnership non-cullectif which had
existed on the continent had never locen diiaulecd, and the
I parties were therefore still liable by the continental law.
They hail dissolved their partnership en commanilite in
no ; that being over, the second partnership hail been
formed, and had continued down to the present hour under
the same name.
His Honour asked if Mr. nobler had got the notice he
said was scot to the creditors.
Mr. llobler said the notice was at Zante, and his client,
Mr. Kirby, who hail made the deposition, had sent for it.
Iles Honour said if the statement were admitted one
might deal with it at once; but if not, there would be no
alternative but to adjourn the proof.
Mr. Cutteril said that the parties referred to by Mr.
Hobler were merely partners en ennunandite, and had re-
tired from the firm at the end of the year.
Mr. Mohler knew nothing of partnerships en cononamiite
Isere.
Mr. Cotteril said they were in a similar position to those
who in England were called dormant partners. They all
resided on the Continent. They Mil put a certain sum
of money into the firm, and were not liable beyond that
amount.
Frank Castelli, in answer to Mr. nobler, said that in 1811
he was in partnership with Messrs. Michael Castelli, J.
Castelli, Domenico Castelli, Vincent Guistiniani, Francesco
Michael Reggio, Ignsce Castelli, Franceseo
J. Castelli, and Jacques Albion. -That partnership was not
putted. In 1817 they all withdrew. l'revious to that
withdrawal the name of the firm was Castelli, Guistiniani,
and Co. There was a new firm contracted in 1817, consisting
of Frank Castelli, Severio Castelli, Brice Guistimani, Leo-
nardo Guistiniani, Giovanni Baptiste Guistiniani, Vincent
Guistiniani, and Francesco Francestrovith Braggiotti. That
firm was never dissolved in the Gazette. The firm, as far
as the world was concerned, continued in the same man-
ner. lie traded under that firm, as on former occasions,
till 1851.
By Mr. Cotteril—No one was known in London but him-
self, and Braggiotti at Manchester. They were the only per-
sons at all known to the world ; the others were all co row-
m andite partners. They all retired from the RINK at one
time: but the different branches of the business were closed
at different times—partly in November and partly in De-
cember, IBio. By the cad of 1850 the firm was closed as
between themselves.
Mr. nobler submittal' that he had established the point
which he sought to prove—that there was no dissolution to
the world of the partnership constituted in 1817, and which
Castelli said was put an end to between themselves in 1850.
Them was neither a dissolution by notice in the Gazette nor
by notice to the correspondents.
His Honour said, it there was no dissolution, there was
no
evidence of the former partnership.
Mr. !fabler 'skeet the bankrupt whether, when the firm
of 1811 was dissolved in 1816 or 1847, he sent notices to the
correspondents ?
The bankrupts said it had been stated that a circular had
been issued by the firm, but it was new to him, and he
should like to see it.
His Honour said he could not come to a satisfactory deter-
mination without knowing the effect of that notification.
Mr. Hobler said its eft et was, that the first named, con-
stituting the firm of 1841, or a portion of them, had with-
drawn, and that the remaining members, and other per•
eons who had come in, coratituted the new firm with which
transactions would take place in future.
His Honour could not act upon that statement.
Mr. Cotteril said the notice must be produced.
Ilia Honour said it appeared to him that he had not got
sufficient before him to come to a conclusion. Castelli said
the only parties known in this country as partners was,
himself and Braggiotti, and that all the others were parts's
en consmandite.
Mr. Hobler said that partnerships en commandite wont
not admitted in this country.
The choice of 2-SlipletA was then proceeded with. Thu
amount of debts proved was 32,5791., and Mr. ham
Whately, of the firm of Le Breton and Co., osisedni mt.
chants, of Crosby-square, was chosen trade assionse.
The detailed statement of the liabilities sad assets at thin
firm, as prepared by Mr. Coleman, the accountant, la
already been published. The amount of debts, including
all the bills, is estimated at 358,0231. ID. 10d. The assets
are of uncertain amount ; about 7,0001. bas been realised,
and it is expected that this will be increased to about 15,000/.
In the course of the morning Mr. Plews tiled a joint pe
titian against Frank Casual, Giovanni Baptista Giustini-
ani, &Teri° Castelli, and Francesco Francericovitch Brag-
giotti, all of No. 10, Bury-court, St. Mary-axe, in the City
of Loudon, merchants and copartners carrying on business
in copartnership with Leonardo diustisiani and Brice
°Mondani, under the style or firm of Castelli, Oiustiniani,
and Co., the said Frank Castelli residing at Stamford-hill,
in the county of Middlesex • the said Saverio Costal ra-
dar( at Upper Cleptes, in the county of Middlesex ; the