Page:Federal Reporter, 1st Series, Volume 1.djvu/89

 PASSONS V. CASWELIj. 81 �It appears further that one of the notes embraeed in the first suit commenced by the defendant Caswell, namely, a note for $250, was made on the twentieth day of September, 1876, three days before the suits were commenced, and was made payable on demand; that the note upon which the defendant Caswell, on the twelfth day of October, 1876, com- menced his second suit, was made on the fifth day of Octo- ber, Ï876, was payable on demand, and was, moreover, a judg- ment note. It appears also that the demand for $1,800 in favor of the defendant Albert E. Coe had been, previous to the time when suit was commenced, included in obligations agaiust the bankrupt held by the defendant Caswell, and when it beoame necessary to bring a suit in favor of Albert E. Coe by name, it was essential that the obligation should run to him, and so, at Caswell's request, the bankrupt at that time gave a note for $1,800 running to his father, and which was dated baek to July 3, 1876, and made payable in one day from date, and the defendant Caswell testifies that, although he does not remember what he said to the bank- rupt when this $1,800 note was thus made, he did say to him in substance "what the case would require." It should be further stated that when this $1,800 note was thus given the amount of it was indorsed upon the note held by Caswell, and which had, up to that time, included the $1,800. �As I understand the testimony, the notes of Mrs. Benedict and Mrs. Charlotte E. Coe were, prior to the commencement of the suits in their favor, kept in the bankrupt's safe in his store, and were withdrawn from the safe for purposes of suit. In this connection the circumstauces are significant that the commencement and pendency of the suits brought by Mrs. Charlotte B. Coe and Mrs. Benedict in no manner dis- turbed their relations with the bankrupt, nor was there any interruption of the business and confidential relations exist- ing between the bankrupt and his brother, L. W. Coe, the husband of Charlotte E., for he continued to be the bank- rupt's book-keeper and clerk, or agent, until the failure, although, as the testimony shows, he was attending to the �v.l,no.2 — 6 ��� �