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644 THE CAPE SABLE COMPANY'S CASE.
claim No. 1. The auditor reports, that those claims are also
allowed as bona fide judgments.
The solicitor for Robert Oliver has instructed the auditor to
allow claim No. 1, a preference over all other claims against said
estate. And the solicitor for Charles Carroll insists, that No. 2,
3, 4 and 5, are to have preference over claim No. 1, and all other
claims. The auditor is unable from the evidence now before him
to determine this question of priority.
The said Philip G. Lechleitner has also relied on similar excep-
tions to claim No. 6; the claim of James Neilson, deceased. And
the defendant Robert Oliver has, by endorsement on the said claim,
objected, that the same is not due, and also, that it was barred by
the act of limitations. As to the sum of $393 66, the principal
and interest of Philip G. Lechleitner's note to and endorsed by
Richard Caton, the said claim is destitute of proof; as there is no
evidence to connect the said note with the transactions of the com-
pany. The residue of the claim is for the amount of two bills of
said Lechleitner's, and one Gerard Troost on Alexander Mitchell,
in favour of Richard Caton, and by the latter endorsed; which
bills profess to be on account of The Alum and Copperas Com-
pany; or, as it is supposed, of The Cape Sable Company. To
those bills is annexed a copy of a bill of sale, by said Lechleitner
and Troost, to James Neilson and Rosewell L. Colt, of all the
grantor's interest in The Alum and Copperas Works at Cape Sable
under their contract with The Cape Sable Company, in trust,
amongst other things, to secure the payment of the sum of five
thousand dollars due to said James Neilson, on certain promissory
notes of said Lechleitner and Troost, endorsed by said Richard
Caton, and Alexander Mitchell as agent of the said company, and
discounted for said Lechleitner and Troost, to enable them to carry
on The Alum and Copperas Works at Cape Sable; and also all
other debts which are or may be contracted by said Caton or Mitch-
ell, or to which they or either of them may be a party bound by
accepting, or endorsing, or otherwise for the use of said Leckleit-
ner and Troost.
The auditor finds, that said Mitchell, Lechleitner and Troost, as
agents, were in the habit of drawing, endorsing and accepting bills
and notes on account of The Cape Sable Company, and that in the
ledger book of the company, folio 8, the said James Neilson is
made a creditor for amount of the said two bills. The last entry, in
relation to these bills, is of the 31st of December, 1823. But the
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