case ex part Simpson the elder thomas Simpson and John Simpson the young in  the matter of joseph brown a bankrupt August the saint see ex part ruffle in  re Dummelow lr Ch commissioner upon the day for choose assignee be not to  examine criticallyinto the debt but to admit creditor for what they swear be  due to they as they be liable to a account afterward Browning do in his own  name contract with the commissioner of the navy to furnish his majesty ship  with slop clothes but the same be in trust for himself and the petitioner on  the that of Nov article of areement be execute by he and the petitioner  whereby all the party be to have a equal part in the contract and the account  be to be settle and sign every six month and in case any of the party shall  die or be render unable or incapable to carry it on in his or their own right  then the share of such party die or become incapable shall be vest in the  survive and capable party and the executor of such die or incapable party  shall on request make a legal assignment to the survivor or capable party and  they shall give bind for the value of his share at the time of the settlement  of the last half yearly account which be to be conclusive to the executor or  administrator Browning be indebt on the contract and also large indebt to the  petitioner on their private account make a assignment date the saint of  January of his interest in the contract to the petitioner in the first place  to satisfy such sum as he then owe or any time after shall owe to the  petitioner on the contract or otherwise and after such payment to pay the  overplus if any to Browning in November the contract stand in his name the  commissioner of the navy atkins er p for the safety of the public direct that  the petitioner shall be make party to the contract and that it shall be carry  on in all their name and the same be accord execute by the petitioner on the  that of Jan the last half yearly account touch the contract be settle value  balance and sign by Browning and the petitioner when it appear that the  increase of stock arise from profit from the commencement atkins to that day  amount to pound S d and that the bankrupt have receive on account of the  contract pound S and have disburse pound S d so that he then remain debtor  pound S d to the contract on the that of January Browning settle and sign the  petitioner private account when there appear to be due on that account to the  petitioner pound S d and by the that of April the day of his bankruptcy there  be due to they on the separate account pound and upward after Brownings  bankruptcy the lord of the treasury be please to impress to the petitioner to  enable they to proceed with the contract pound to prevent any distress to the  seaman which be to be repay to the treasurer of the nay by defalcation out of  their wage from time to time as the ship be pay off in April last a commission  of bankrupt issue against Browning and the petitioner attend at guildhall and  offer to prove their debt but the commissioner refuse to admit they insist the  pound be to be account for as to one four part to the bankrupt which the  petitioner inform they can not be do for if credit be to be give for it on one  side of the account it be a debt due to the treasurer of the navy on the other  so that it make no variation therein however the commissioner think proper to  postpone the choice of assignee and therefore the application to the court be  that the petitioner may be admit to prove a debt of pound and that the  commissioner may proceed to the choice of assignee Lord chancellor the act of  the that of the present king say the commissioner shall forthwith after they  have declare the person against who a commission shall issue a bankrupt  appoint a time and place for the creditor to meet in order to choose a  assignee or assignee of the say bankrupt estate and effect the creditor  present at such meeting be entitle to vote unless some material ob jection  against they and the majority in value to determine the choice which make it a  considerable question whether creditor shall be admit or not the application  here be that I will direct the commissioner to proceed to the choice of  assignee this be nothing more than what be their duty and therefore  superfluous the cross petition be that I will postpone the demand of the  petitioner and direct the commissioner to choose assignee without admit the  petitioner to vote in such choice the petitioner by their affidavit swear to a  balance but the great objection be that this be not a complete account and  therefore the whole ought to be take before the petitioner be entitle to be  admit creditor under the commission now as to this the petitioner swear that  on the partnership the bankrupt be only a debtor for pound S d whether the  account be strict make up between they I can say but I atkins rather believe  not for it be no more than rest or like a computation between partner in the  brewhouse trade but then it be say here be a sum of pound pay by the  government since the make up of this account and that this ought to be bring  into the calculation but I look upon it to be a loan only from the government  for it be state in the memorial that whatever sum shall be advance by the  government the treasurer of the navy have it in his power to retain this again  by way of defalcation so that this be only in the nature of a impress on the  part of the government and therefore may be lie out of the case and if so here  be a man ready to prove a debt a certain liquidate demand upon a state account  but say the petitioner in the cross petition there be other account not make  up and therefore they shall not be allow to prove suppose a debt due on a bind  and a open account beside the creditor final be to be admit a creditor only  for the balance and yet notwithstanding it be every day experience that he be  admit to prove the bind debt but still the commissioner may take the account  afterward and the creditor shall be entitle on a dividend to no more than what  appear to be real due to he on the balance atkins er p as it will be extreme  hard to exclude person who may perhaps be the great creditor till the account  be determine which may be the work of several e r and that a as it may be  necessary and convenient that assignee shall immediate be choose the  commissioner therefore be not critical to examine into the debt but to admit  creditor upon their oath for what they swear be due to they as they will still  be liable to a account afterward his lordship therefore order that the  commissioner shall permit the petitioner to make proof if their debt and that  they shall at present admit they creditor for what they shall so prove and  that they shall proceed to the choice of assignee