Page:Federal Reporter, 1st Series, Volume 1.djvu/139

 ^AEWELL V. BROWN. 131 �Joseph Bro-wn was an agent or runner for L. Z. Farwell, of Freeport, and came to Belmont in August to get a claim of $171 seeured. He says defendant refused to pay or secure his daim until he had time to look over his bocks and see what shape he might be in; that defendant said he thought he could pay ail his claims ; that if he could not pay ail he wanted to pay ail alike, pro rata; that he had taken the step he had to protect himself, or secure himself; that he was afraid some of his creditors might corne in on him and close him up; that he expected to be back doing business again after he got settled up ; that he also had a talk with P. E. Brown at the store, in whioh he said he had ail the stock and could not do anything for him; that afterwards he bought some goods of him, and then at his wagon said he was sorry they had been obliged to do as they had, but he was afraid, or they were afraid, some unprincipled crediter might corne in on them and close them up, and they did it to protect themselves; that he expected E. H. Brown would be back again in the store doing business. These statements are pos- itively denied by both the Browns. �defendant swears that in making the sale his intention was to pay his brother, and Mrs. Brown, and the banker; that he thought his obligation to them was greater than to any other creditors; that he did not have enough to pay ail, and so paid those to whom his obligation was greatest ; that he was in a very precarious condition of health, and did not know as he would live long; that he did not want to leave his own family without a dollar ; that he made the sale thinking it the best he could do in his circumstances, and that he had no thought nor intention of delaying or defrauding his creditors. The property he turned over to his brother was ail he had, except about $3,000 in notes, which came to him on a disso- lution of the firm of Brown & Co., in 1878, of which he and his brother and father were members. That these notes were not very coUectible, and that he owed about $3,000, besides the amount that he owed his wife. These are the most material points in the testimony, which is qu'ite volu- minous. ��� �