Page:Federal Reporter, 1st Series, Volume 2.djvu/169

 162 FEDISBÀL BBFOBTEB. �and in violation of the terms of the partnership agreement, the defendant Brewster induced Baldwin to jpay to him and to " J. B. Brewster & Co." nearly ail of the debts so owing to them from Baldwin, ont of the funds of the firm and the moneya so contributed by Burr, and that by these fraudulent prac- tices, and this use of the assets of the firm, it was compelled to stop payment and go into bankruptcy ; that to cover up the real nature of these payments the defendants pretended to loan money to the firm on their notes, knowing that the pro- ceeds were to be used for the aforesaid fraudulent purpose. �It is then averred that the defendants have made claims and filed proofs of debt for a large amount against the joint estate, upon certain notes and a check described purporting to be the obligations of the firm ; that ail of said notes and said check were given by Baldwin in pursuance of the said fraudulent design and intention, and that for one of these notes the defendant Brewster holds a carriage, which was the property of the firm, and was delivered by Baldwin to Brews- ter as security for Baldwin's individual indebtedness, in pur- suance of the aforesaid fraudulent design and intention ; that ail these acts and ail this application of the funds, property and credits of the firm were without the knowledge or con- sent of Burr, and in fraud of bis rights and of the copartner. ehip creditors of the firm, and of the individual creditors of Burr, and of the complainant as assignee. �The bill then prays for relief that these transactions be decreed to be in fraud of the firm and of Burr, and of the firm creditors, and of the individual creditors of Burr, and of the complainant as assignee ; that the defendants ref und the moneys so paid to them; that the delivery of the carriage be decreed to bave teen in fraud of the creditors of the firm, and that the complainant recover it or its value; and that they be enjoined from any prooeedings in bankruptcy or otherwise touching said notes, and for general relief. �From this recital of the allegations of the bill it will be seen that the whole basis of the suit is the fraudulent con- spiracy between Brewster and Baldwin — First, to inveigle Burr into a partnership with Baldwin ; and, second, that being ao- ����