Page:United States Reports, Volume 1.djvu/395

384 

1788.

there fhould be no appeal to examine its proceedings, no power to correct its errors!– We are happy, indeed, in knowing that our decifions, if erroneous, may be rectified in the Supreme Court; the adjudications of which are alfo liable to the ultimate fcrutiny of the High Court oƒ Errors and Appeals. And, I repeat, is it not abfurd, therefore, to imagine, that the limited jurifdiction of the Commiffioners of Bankrupts is alone exempted from controul ; or, that men, unfkilled in jurifprudence, however upright in their general conduct, and intelligent in their particular arts and profeffions, fhould enjoy an abfolute authority in the difcuffion and determination of every nice point of law, which is incident to the extenfive and intricate inveftigations of the bankrupt fyftem?

For thefe reafon, are unanimoufly of opinion, that the evidence offered by the Plaintiff, ought to be received.

The cafe, upon the evidence, appeared to be this:–The Defendants, John Meng, William Goodwin, James Smith, and Roberts Cumming,  had been copartners in trade under the firm of John Meng and Co.  On the 26th of April 1785, Goodwin alone, is the name of himfelf and his partners, executed an affignment of all their perʃonal property to Curtis Clay et al.  in truft for the benefit of the partnerfhip creditors : And, on the 30th of the fame month, he executed another affignment, in the fame form, and for the fame ufe, of all the real eftate of the company. On the 25th of June following, a third affignment was executed by Meng, Goodwin, and Cummings, for the fame ufe; at which time the Defendants were indebted to the the Plaintiff (among others) and to Meffrs. Roʃs and Dickens (who afterwards became the petitioning creditors) to a confiderable amount. After thefe tranfactions, about the beginning of July, 1786, Meng opened a ftore in Philadelphia under the old firm of John Meng and Co. in which, however, the meffenger of the company only found a fmall quantity of foap, and a bundle of paper money ; but Cummings was gone to Georgia to collect debts under the direction of the affignees, and Goodwin and Smith refided and kept a ftore at Cooper's Ferry, in New-Jerʃey. On the 1ft of Auguʃt, 1786, a joint commiffion of bankrupts againft all the four partners as traders by retail, iffued upon the petition of Roʃs, who done fubfcribed it in behalf of himfelf and his partner Dickens, having previoufly fworn that John Meng and Co. were indebted to them on a bond bearing date the 8th of July, 1786, payable on the 15th of the fame month ; which bond, it was admitted, had been given for the precedent debt due at the time of the affignment of the 25th June,1785. It was alfo agreed that Meng and Cummings had