The Sun.
London, England, 1856-09-26 00:00:00

RAILWAY TRAFFIC RETURNS.

GREAT NORTHERN RAlLWAY(—Traffic return for the
week ending Sept, 14, 1856 £24,539 12 10
Corresponding week last year 23,672 13 0
LONDON AND NORTH-WESTERN RAlLWAY.—Traffic
return for the week ending Sept. 21, 1856 269,059 0 0
Corresponding week last year

CHESTER AND HOLYHEAD RAlLWAY.—Traffic return fin
tha week ending Sept. 14, 1856 £8,259 0 0
Corresponding week last year 7,220 0 0

Increase in 1856.

- £1,039 0 0

LANCASHIRE AND YORKSHIRE RAILWAY.—Traffio, re•
turn for the week ending Sept. 21, 1856 £24,955 13 1
Corresponding week last year 22,251 - 1 7
SCOTTISH CENTRAL RAlLWAY.—Traffic return for the
w)ek ending Sept. 21, 1856
Wrresoondinv week last year 6,215 10 6
Coax AND BANDON RAlLWAY.—Traffic return for week
ending Sept. 20,1856 £262 15 4
Corresponding week Ant year 230 14 10

Mr. Whittingstall ; and as the bank affairs were carried
on just the same as during his lifetime, their accounts
were continued ; payments were made into the bank as
usual ; in some instances the balance was increased, in
some it was diminished ; and the question might arise
whether, Mr. Whittingstall having died, the creditors
had any right to resort to his estate for the balances then
due, or whether the moneys paid out subsequently to
his death were to be applied in discharge of the amounts
then owing. Under these circumstances it would be
fair that the proofs of the creditors should be admitted
without prejudice to their claims against the estate of
Whittingstall. It would be difficult in some cases to
determine whether certain notes had been issued in the
lifetime of Mr. Whittingstall, or since his death. They
all bore date in his lifetime, many of them bore his sig-
nature, and the creditors were, of course, unable to say
whether they were issued after his decease or before. If
his Honour would permit that course to be adopted it
would clear the way for a great many creditors who
were desirous of proving.
The Commissioner—l do not see that their proving
against this estate will at all interfere with any remedy
which they may have against the estate of Mr. Whit-
tingstall. At all events there is no harm in saying that
their proofs here are without prejudice. There is the
celebrated case of " Devine v. Noble," which has settled
that point.
Mr. Murray (who appeared for Massrs. Currie, the
banker) said the only objection to their proving was,
that if they got a dividend of 103. out of this estate they
would only be entitled to other IC. from the estate of
Whittingstall ; whereas if they did not prove here, but
went against the estate of Whittingstall in the first in-
stance, they would get 20s. out of that estate, and Mr.
Smith's estate would be relieved to the extent of these
claims,
The Commissioner—That will be for their own con-
sideration.
Mr. Murray—l don't see how their e ming here with
out prejudice can at all help them. I appear for several
creditors of both classes, and I am only anxious that
there should not be any misunderstanding.
The Commi-sioner suggested that the examination of

Mr. Smith, taken at a private meeting a few days ago,
should be read for the information of the creditors pre-
sent.

Mr. Linklater read it. The bankrupt stated that there
were executor, appointed under Mr. Whittingstali's
but he ,vas the sole executor for the bank aff-,irs. There

was no change outwardly to the world in the manage-
ment of the bank until the 14th of August last, when
the bank suspended payment. He then owed the bank
betwetn 3,0001. and 4,0001. Messrs. Currie and Co.
made two advances of 5,0001. each, to enable him to
carry on the bank, taking security for one in mortgages,
and for the other the guarantee of the executors The
Buck= ant 0 ;on Btnk also advanced 8,0001., which was
covered by securities. He had not consulted the other
executcrs ab.,ut those arrangements. They had not taken
any part in the management of the bank. The notes in
circulation at the date of the stoppage amounted to
12,875/., and at the death of Mr. Whitt ingstall to 23,070/.
About 10,0001. of these were issued in the lifetime of his
p,rtner ; some of which were signed by him, and some
by the witness. Tile executors must have known that
°me (-4 the notes were re-issued after Mr. Whittin:
stal's death.
Mr. Linklater said that this being so the creditors
would now be permitted to prove their debts against this
estate, and their doini, s.) would in no way prejudice
th.ir claim against the' estate of Whitiingstall.
The Cornin:s iotal. —You will r,quire an account of
the specific a,sets belor.ging to the partnership at the
time of the death of Whittingstall—an account of the
subsequently acquired effects —and an account of the
separate effects of Smith.

'Mr. Linklater—As the bankrupt proposes to employ
Mr. Turquand to prepare his accounts, he will doubtless
arrange everything in pr, iper form.
The Commissioner—lt appears to me that the credi•
tors will have to be ranged under the fol!owing hea‘ls:—
crpditors who never had any dealings with the bank in
`Vt•ictingstall's lifetime ; creditors in respect of debts

owing by the bank at the death of Whittingstall,
upon which there have not been any payments
since, or which have been paid in part only by the
surviving partner ; creditors i❑ respect of debts owing
at the death of Whittingstall, whinh have been increased
since by payments to or monies received by the surviv-
ing partner, but on which no payments have been made,
distinguishing the amount due at the death of Whitting-
stall, and the amount of increase since his death ;
criditora who were such when Whittingstall died, and
who continued their accounts with the surviving partner,
by drawing and making payments as cocasion required,
so that between the dissolution of the partnership and
the bankruptcy of the surviving partner, they had drawn
from the surviving partner various sumo, amounting in
some instances to more, in others less, than was due,
but yet remaining creditors by reason of their payments
having exceeded their drafts ; creditors who at Whit-
tingstali's death were debtors to the bank, but who like-
wise continued their accounts with the surviving partner
and by their subsequent dealings with him have turned
the balance in their favour.

Mr. Turquand promised that lithe accounts should be
made out on the principle indicated, and the further
proceedings in the case were adjourned till the examin-
ation meeting.

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