Page:Federal Reporter, 1st Series, Volume 2.djvu/175

 168 FEDERAL REPORTER. �fendants, to pay a partner's individual debt, and, therefore, operated as a fraud on the creditors of the iîrm. Such seems not to be the scope of the bill. But, without regard to this question, it was not proved that at the time of the payments made the firm was known to the defendants to be or was in such a situation financially that such use of the flrm's funds was a fraud upon its creditors. Moreover, the payments, such as they were, having been made in pursuance of an agreement between Brewster and both partners, before the formation of the firm, to remit a part of his debt against Baldwin, the consideration of the payments to be so made out ont of the firm assets, I do not see how either the firm or its creditors can claim that the payments were merely volun- tary, or without consideration. The consideration enured indirectly to the benefit of the firm, inasmuch as the remission of part of his indebtedness would enhance the credit and finan- cial ability of one of the partners. It is, therefore, unnecessary to consider the legal questions raised and discussed, touching a suit for the purpose of recovering firm assets fraudulently diverted as against its creditors alone. �I have attributed no weight to the evidence offered by the defendants tending to show that the complainant has been actuated by motives of personal animosity in bringing and carrying on this suit. His motives would be immaterial if be had proved a case against the defendants. �Bill dismissed, with costs. ����