case cooper and other vers Pepys and other April the that where a meeting of  creditor be proper advertise and some do not think proper to come the majority  in value who be present have a right to bind those who be absent William  reeves give note Payable to Moses Andrees to the amount of pound Andrees  endorses they over to several person and then go beyond sea with the great  part of his effect and become a bankrupt the endorsees come upon reeves the  drawer for the money due upon the note who be unable to pay they become a  bankrupt likewise atkins the assignee under reeves commission of who two be  note creditor atkins er p give notice pursuant to the act of the that of  George the second that there will be a meeting of the creditor under reeves  commission in order to accept of a composition from the agent of Andrees  several of reeves creditor meet accord and it be agree to accept S in the  pound for the debt due on those note and to execute a release to Andrees upon  those term and a proper authority in write sign by all the creditor present be  give to the defendant the assignee to compound with Andrees who on the that of  September execute a release accord to Moses Andrees on payment of the  composition aforesaid the plaintiff who be creditor at large of William reeves  in less than four month after the issue of the commission of bankruptcy  against he prefer a bill in chancery to which the assignee be make defendant  suggest it be a fraud in they to agree to this composition and that they  consult nothing but their own private interest as be creditor by endorsement  of some of Andreess note Lord chancellor I do not see any thing fraudulent in  the conduct of the assignee for they have do every thing which the act of  parliament prescribe on meeting for a composition of debt and if some of the  creditor do not think proper to come this their own fault and those who be  present have a right to bind the whole if the majority in value at the meeting  be of opinion to sign the composition but with respect to the bill itself so  far as relate to the assignee of reeves disapprove of it extreme because it be  a attempt to make the court judge in what manner the estate and effect of a  bankrupt shall be distribute before the expiration of month from the date of  the commission whereas the act allow the assignee a complete month from the  issue of the commission to make a dividend so that it be absolute change the  method chalk out by the act and ought to meet with the utmost discouragement  his lordship therefore order the bill to stand dismiss as against the assignee  of reeves with cost to be tax a doubt arise whether the creditor who have  accept a composition of six shilling in the pound for their demand on Andrees  may notwithstanding prove their whole debt in the commission against reeves at  first Lord chancellor seem to think they may still prove their whole debt but  upon look into two case in wms ex part Ryswicke wms a draw a bill Payable to b  on c in holland for pound c accept it afterward a and c become bankrupt and b  receive pound of the bill out of c s effect after which he want to come in as  a creditor for the whole pound out of a s effect b permit to come in as a  creditor for pound and the master direct to see whether the other pound be pay  out of a s effect in c s hand or out of c s own effect if the latter then c be  a creditor for this pound also but if out of a s effect then pound of the  pound be pay off the first ex part Ryswicke before atkins Lord chancellor  Macclesfield the second ex part Lefebere wms a give a promissory note for  pound Payable to b or order b endorses it to c who endorses it to d a b and c  become bankrupt and d receive S in the pound on a dividend make by the  assignee of a d shall come in as creditor for pound only out of b s effect ex  part Lefebere before Lord chancellor king he alter his opinion and be very  clear that the S must go in discharge of so much of the debt and that they can  only prove the remain S under reeves commission see ex part wildman post