Page:Federal Reporter, 1st Series, Volume 1.djvu/83

 PAEBONS V. CASWELIi. Î5 �ten brief, attacked certain claims upon which the judgmenta in question were obtained as fictitious, and as created solely for the purpose of using them to accomplish, through the in- sîrumentality of judgments and execution levies, fraudulent transfers of the bankrupt's property. �In deciding the case I shall proceed upon the assumption that ail of the claims, as well those upon which judgments were obtained as those to secure which transfers of property were made to the defendant Caswell, were genuine and valid, and represented bona fide indebtedness from the bankrupt to the parties respectively holding such claims. And the single question will be considered in the light of the evidence, whether or not the judgments, executions, levies and transfers in ques- tion were obtained and made in contravention of the bank- rupt law. �The bankrupt was a hardware merchant doing business in the city of Milwaukee. On the second day of November, 1876, the following judgments were entered against him in the state court, and executions were immediately levied upon his entire stock, except such portions as had been transferred to the defendant Caswell to secure other claims upon which judg- ments were not obtained, and to which more particular refer- ence will hereafter be made : One judgment in favor of the defendant Caswell for $5,776.42 ; one in favor of Albert E. Coe, the father of the bankrupt, for $1,892; one in favor of Charlotte E. Coe, the wife of bankrupt's brother, for $1,161.04; one in favor of Orra B. Benedict, sister of the bankrupt, for $3,987.75; a second judgment in favor of the defendant Caswell for $2,551.95; and a second judgment in favor of the defendant Albert B. Coe for $567.78 ; the total amount of these judgments beiug $15,936.94. The judgment in favor of the defendant Caswell for $5,776.42 was rendered upon the fol- lowing demands: A judgment note for $4,780.76, dated July 3, 1S76, due in one day; a judgment note for $340, dated June 20, 1876, due in 30 days; a note for $400, dated March 13, 1876, due in six months; a note for $200, dated April 30, 1875, due August 1, 1876; a note for $200, dated April 30, 1875, due September 1, 1876; a note for $250, dated Sep- ��� �