Page:Federal Reporter, 1st Series, Volume 3.djvu/512

 IN EB JEWETT. 505 �being distributed in satisfaction of his debts. There is no testimony on the question of the intent, except that of the bankrupt, and what may be gathered from the nature of the acts themselves. Jewett swears it was not done with any such intent ; that he did not contemplate bankruptcy at that time ; that he had property enough to pay the debts of the finn more than twice over, and that he made these convey- ances of his interest in the land and the property for the pur- pose of making a new business finn, and going on and paying the debts of the partnership of S. A. Jewett & Co., and that it never entered his mind of hindering or delaying his ored- itors, or preventing the property being distributed in satisfac- tion of his debts; that one leading notion was to put things in shape, that the creditors of his own firm should be paid, and not those of his brothers, whose firms had failed in the east; that it was ail done with the knowledge of his princi- pal creditors, at Hudson and St. Paul, who constituted the bulk of the creditors. �Though it was rather a crude transaction, and on the face of it, without other explanation, naight be taken as an attempt to cover up, or to hinder and delay his creditors, still, tak- ing into account Jewett's testimony and ail the circumstances, I am satisfied the object and motive of the whole transaction was, as he says, to put things in shape, when the business should be carried on and the creditors of the firm get their pay, to the exclusion of the creditors of the eastern firms. And I scarcely think the creditors of S. A. Jewett & Co. can complain, whatever might be said as to the eastern creditors, who were the creditors of Jewett & Pitcher, and the other firms in Massachusetts and Maine, but not the creditors of S. A. Jewett & Co. The testimony shows it was the failure of these eastern firms that first embarrassed the transactions of the firm of S. A. Jewett & Co.; and the conduct of Jewett soon afterwards, in Consulting with his creditors and foUow- ing their advice, in the matter of beginning proceedings to wind up the partnership, tends to confirm the view that he was not trying to cover up his property or to keep it from tha payment of his debts. ����