Page:Federal Reporter, 1st Series, Volume 1.djvu/138

 130 FEDEEAL EBPOETEE, �he has since nearlypaid up; and to balance the account gave defendant his note for |470.15, which he has also paid in fuU. �P. E. Brown took possession on the sale, and remained in possession up to the time the goods were attached, about the last of August, 1879. The evidence ail tends to show that the consideration paid for the property was adequate; and the fact that the stock was sold at 25 per cent, below the invoice price is no evidence to the contrary. �E. H. and P. E. Brown both swear it was ail the stock was worth; that P. E. Brown afterwards offered and tried to resell it for what he paid, but could not, and that it was inventoried in the attachment proceedings at $3,000. The plaintiff has not even undertaken to prove that the goods were worth more than P. E. Brown paid for them, but relies in good part upon the testimony of one Joseph Brown and A. E. Campbell, to show actual intent on the part of the de- fendant to defraud. Campbell was the attomey of Farwell & Co., and went to Belmont to secure this claim soon after the sale to P. E. Brown, about the last of August. He found the defendant in the store, and had a conversation with him ; saw him selling goods and giving instructions to clerks, or supposed he did. defendant told him he could not pay, and that he had sold out to his brother. He says defendant re- fused to give him any statement of his affairs ; that he re- fused to let him see his books, or to make any explanation or give him any satisfaction. Ail of which the defendant denies, and says he told him about his indebtedness, and ail about the sale to his brother and the consideration, and that he had a dispute about the statement defendant had given plaintiff as to his financial condition, and that Campbell threatened him with criminal prosecution in Chicago, and talked to him in a very ugly way about it, and that while he was so talking he refused to give him any explanation, but afterwards he talked to him about his sickness and the heavy expenses he had been to, and told him about the sale and the consideration for it, and that they took dinner together aud were more friendly. ��� �