The Express.
London, England, 1858-04-24 00:00:00

Tea other learned judges concurred, sod
The osaviction wee quashed.

COURT OF BANXRUPTCT.
(Before Mr. Coonmimioner rem)
IM RT W. SMITIC-THR NRIIRL MITCPSTRAD 111.4.X11.

The bankrupt wu a banker, 0f..-H;;;llisaisto7adanf of
Watford, trading under the dn. of Smith and hittingetall,
and late to partnership with Edward Fernley Whining-
mall, dammed. The bankruptcy occurred in August, 18.30,
but the proceeding, bare barn from time to time,
cootesquare of • suit le Mummy whkb was pending
hotness the mange... of tbs bankrupt end the repreeenta-
due of the late Mr. Whittle/seen. This was the certificate
meeting. Voluminous account. were hied previous to Mr.
Smith passing he summation, showing that the debts du
by the bent, wbkh were upwards of 84,200 k at the
death of Mr. Whlttingstall, is March, NM, had
been reduce! to 15.731. Mr. Smith baring paid
in liquidation ; but orbs liabilities of
upwards of 51,00 W. had accrued Wore the date of the peti-
tion. The News gine op to the official emigre amounted
te 7,4001.; but the dividend has been deferred in 'Aparta-
do. of a considerably larger sem being received under the
Mowery proceedings.
Mr. Lthtlater appeared for the easigness, Mr. Bagley for
the benkrept, and Mr. Lawman. for the anicutors of Mr.
Whlttiegwall.
Mr. Begley said be wee Instructed toe. for the bankrupt's
ureic:we. The oleo had been before the overt an namesll7
keg time, not from any difficulty In the or • Itself, but be-
ease rnsgaena were pendia; in ocenemice with the
ewer" sad the amigo's' thought it desirable that the arti-
fices shouts be edimrned smut those negotiations had nee
tea point. The certificate meeting led boa drat lied for
the bed ed Man* 1867.
_ .

Mr. Labia/or 041 M that mime last maim( the Chaseery
poveed.nge bet eisanced another stage, and • wry important
etre, and in fact were sot very far trove their reclusion.
The minute. of an order bad tees powered; sad there was
sow only one pieetion between Qs pertiria-wbstber the
executors of Mr. IN hittingstall were to take upon thenieelvet
the risk of reali,ing the separate ma re of Mr. Smith
ar the iveditors were to undertake that risk.
Bet the dith Ulty tem of that nature that It might lead to the
satire abandoniuont of the proposed arrangement, by which
the eaeeud,n -ofe to allow • poetics of the Wale of Whit-
gagman to he applied in payment of the debts existing at the
tire of big death sod of those entsequently reamed. There-
San It wee tuipomtble for the creditors to say that that
srmagemeet would be carried oat; sad if it were Dot
they would be left is • very unfortunate position.
If he were now celled upon, os behalf of the
seriewees, to reverent the ram so it at present stood, be
ah,.old be oblured to oppose the beak:twee matifieste, and to
make such ooinments twin it so the nature of the
ear seemed to require. He would, therefore, armee that •
further adjournment was desirable. The ems lied been a
long tiros Delors the court, but the delay had been unavoid-
able, as all the creditors bad to be made parties to this ar-
reneemeat, and to prove their debts under the suit. Mr.
tim,rb bed • right to inert on proceeding with hia apDlioatioa
fo. s .•erutliatte , bat if he did so, the arguer would becom•
pelted to 'Tyne, a. the ere Dow stood.
The Commieeicemr—lt rem. that the bankrupt carried on
burets for • conaidereble time after the death of Mr. Whit-
bagman, the effect of which was that, me every day
he was gradetally relieving Whittingralre skate from its
various hdeis, biomes every day saw massy was paid in
and old foamy drawn ; sod, ooseargeriey, b that pro-
ws, Wtuttingetalre soft were from the
nenemity of paying hie enditerartl7l that was in the
higher degree mimed es thew* of Mr. Smith, who must
ham known perfectly well, from the peetties he bid, that
thli bank wee troller.

Yr. Lit:Later—The bahmesseheet AMPS that et lb' death
of Whittiagstall. the debts Win then 84,00 W., Om vas •
deft 'etn7 of 41.41001.
The Commissioner—Every farthing of width woad have
broil paid if Whittionstall led sat died.
Sir, Link/ate,. said that then mere other unfavourable
features in di. ram

Mr. tinl7,......hbthi: be should bele en immediate np-
porrunity of what were died the tudarourable ha-
ulms of that owe. had bees fir ar Ise adjournments.
Z. Bolith bad bees all slow leseelld to yaw ev.rl tuspo-
tatiou that weld be node sirdistm—him • hut b• that bet duty Irma to his creditors, sad • thee posed
he had otessated to adj.,urnmeete whaoh be did
bid this& absolutely aeoeseary. The
adored is sushi sot to Aem* esetillearl=
Seem te Adieshass in the way of that seremement. At
lb lost ds Is Demobs, be had belt h meanly in the
hob of the covet wh+ther the nee should be proceeded with
at m, sal Iked at once acquiesced In the visa thrown oat