The Express.
London, England, 1866-09-15 00:00:00

OVEREJiD, GURNEY, AND CO.

At Vice-Chancellor Stuart's Chambers yesterday,
before Mr. Peake, the chief clerk,
Mr. Lewis, jun., appeared in this matter on behalf of
Mr. W. Peek, Mr. W. Peek, jun., and Mr. Frederic Dun-
dee, on whose behalf summonses bad been taken out for the
official liquidators to show cause why they should not be
struck off the list of contributories, and to postpone the
payment of the call upon them.
Mr. Hale, of the firm of Young and Co., solicitors to
Mr. Harding and Mr. Turquand, the official liquidators,
and Mr. Davis, from the office of Messrs. Ashurst and
Morris, appeared on behalf of a number of creditors to
oppose the application.
Mr. Lewis said these summonses bad been taken
out by the parties in question as representing two dis-
tinct classes of shareholders. Mr. F. Dundee was
an original allottee, and Mr. W. Peek, the younger, was •
transferee of shares. He held 2,000 shares, and was a
depositor in the bank to the amount of 26,0001. The
.contention on behalf of these two classes of alleged con-
tributories was that they should be expunged from the list,
but his present application was that the present sum-
monses should be adjourned pending an inspection of the
affairs of the company, which had been ordered, but which
only commenced yesterday, and that in the meantime
they should not be required to pay the calL One ground
why they contended that they should not be placed on
the list of contributories was the ground of fraud, but in the
case of Mr. W. Peek, jun., who was called on to pay
20,000/. in respect of the call of 10/. a share on 2,000
shares, he submitted that, inasmuch as he is a depositor
to the amount of 26,0001., he ought not to be called upon
till other contributories had paid a proportionate amount.
A lengthened convex•ation ensued. in the course of which

The Chief Clerk said it had been decided in Grimell's
case that a set-off could not be pleaded as against the pay-
ment of calls, but that a shareholder of a company, who
was also a creditor, must pay the calls and come in with
the other creditors for what was due to him.

Eventually the sutumonses were adjourned until the 2nd
of November, but the Chief Clerk said this would not in-
terfere with the official liquidator in the collection of the
mills in the meantime.

MESSES. HART, FILLLOWLS, AZTD Co.'s B.LNIC
(Norntrow.us).—Mesers. Hart, Fellowes, and Co., will re-
sume their banking business in Nottingham on Saturday
(to-day). Some months ago this old and respected inn
transferred their business to the English joint Stock
Banking Company, which latter stopped payment eight
months afterwards. Messrs. Hart, Fellowes, and Co. have
now resolved to resume business on their own account.
The services of Mr. Russell, the late manager of the Not-
tingham branch of the English Joint Stock Bank, hare
been secured, and the business will be conducted as nearly
as possible on the system which for so long a period gained
Messrs. Hart, Fellowes, and Co., the respect and emit-
dance of a long list at clients. The bank was established
in 1806.

Mr. Edward Tinsley, the publisher, died sud-
denly on Thursday. He was seized with apoplexy at noon,
and lay insensible till about six o'clock, when he died.