The Reader is requested to annex the following Note to the Case of Ex parte YOUNG, in the Matter of SLANEY. The Principle partially developed in the above Case, has been subsequently recognized by the Lord Chancellor, to the full Extent of the abstract Proposition: viz. That a solvent Partner is entitled to prove against the Estate of a bankrupt Copartner, the Amount of the Balance due to him upon the Partnership Account; first satisfying the partnership Debts, or indemnifying the Bankrupt's Estate against them: nor does it affect this Right, that the Payments by the solvent Partner were not made till after the Bankruptcy. Ex parte Taylor, in the Matter of Elgar. CASES IN BANKRUPTCY, &c. PRACTICE. LINCOLN'S INN HALL. AFFIDAVITS in Support of Petitions filed subse Sittings after quently to the Petition Day, were considered to be Trin. Term, for that Reason inadmissible, the Reading of them objected to, and the Objection allowed; this has occurred so frequently, as to render it necessary to notice it as the Practice in Bankruptcy. So also upon a Petition to pay Dividends (a) upon a Debt proved, the Order of Dividend has been received as in itself establishing the Petitioner's Case; nor has it been considered an Answer to the Application, that a Petition has been presented by the Assignees, and is in the Paper, for the Purpose of having the Proof of the Debt expunged. The Practice therefore, has been to make the Order for the Payment of the Dividend, but to re (a) Under the 49th Geo. III. c. 121.s. 12.which directs that no Action shall be brought for Dividends, but that on Petition, the AssigVOL. II. nees may be compelled to M serve 1814. 1814. serve the Question of Costs until the Hearing of the PeEx parte Whitwell in the Matter of PRACTICE, tition to expunge. Where a Bankrupt has petitioned to supersede his Commission, and no Act of Bankruptcy appears upon the Proceedings, if the Court thinks fit to permit the Assignees, or petitioning Creditor, to try the Question whether or not there were any Acts or Act of Bankruptcy, in an Issue or an Action, it will require that they should, previously to the Trial, deliver to the Bankrupt a Particular of the specific Acts or Act of Bankruptcy, on which they intend to rely. Ex parte Sherwood, &c. It is understood that the Vice-Chancellor has not Jurisdiction to supersede a Commission of Bankruptcy. Michaelmas Ex parte THE BURTON BANK, Ex parte HARFORD. In the Matter of WHITEHEAD. Term, 1814. T HESE were Petitions presented in the Bankrupt cy of Messrs. Whitehead Howard and Co., Bankers in London, by their Correspondents in the Country, for the Purpose of having certain Short Bills of the Petitioners, which were in the Possession of the Bankrupts at the Time of the Bankruptcy, delivered up— indemnifying the Bankrupt's Estate against its Liability for the Petitioners. The Right was considered to be so indisputable that the following Orders were taken by Consent. Ex parte HARFORD. The provisional Assignee to retain the Cash Balances, and the Cash received on the Short Bills paid; and also a sufficient Number of the Short Bills unpaid, to cover the Amount of Whitehead and Co.'s Acceptances; and he is to deliver over to Harford and Co. the Residue of the said Bills, Notes, and Securities. It is further understood that the Cash and Notes retained are to be given up, as Harford and Co. produce the Acceptances cancelled. Ex parte THE BURTON BANK. 1 The provisional Assignee consents that all the Bills, &c. shall be delivered up, upon the Petitioner leaving such Sum as, together with the Cash Balance, equals the Acceptances outstanding. Note.-An Extent had been issued on the Part of the Crown, but there was enough to satisfy it without resorting to the Short Bills, nor were they scheduled among the Property seized under it. 1814. Ex parte The BURTON BANK, Ex parte HArFord. -In the Matter of WHITE HEAD. Ex parte Rowton, in the Matter of Brickwood. 1 Vol. 15. The Boldero Cases. Ibid. M 2 Ex |