Page:Federal Reporter, 1st Series, Volume 5.djvu/249

 NOIITHWESTEETI MTJT. LIFE INS. 00. r. ELLIOTT. ^87 �wlien tbey exchanged the gold for the latter and then invested these in 5-20's, so as to swell the amount to $2,600; that in 1870 they brought $2,300 of these bonds to San Francisco, •where they exchanged them at par for gold and brought the gold to Oregou, where they kept it "under lock and key, in au elk-skin purse," until the fall of 1873, when the defendant purchased this property with $2,025 of this money, and took the conveyances therefor to liis wife. �In the light of the established circumstances of the case the stoiry is a very improbable one, and the contradictions and absurdities with -which Jeremiah Elliott bas filled bis tes- timony, in the attempt to support it, make it utterly unworthy of belief. �When the plaintiff paid him with a check on New York, he gave the same to the National Bank of this city for collection, but apparently be was in such urgent need of money that be could not wait from the first to the eighteenth oî the month, when the collection was telegraphed, but got $600 on interest from the bank on the security of the check, and yet be testi- fies that at that very time bis wife had $3,300 in gold lying idle, and he had $950 pf bis Qw» in bonds,, In the languag^ of the court, in^atts v. Phelan, ««pro, this transaction seems to bave been, on the part ôf Jeremiah Elliott, ^'a deepïy-con- coeted, deliberate, gross, and most wicked fraud," �There must be a decree that the plaintiff recover of tbç defendant Jeremiah the sum of $7,931.97, with legal interest from October 1, 1873,.together with costs, and that the prop- erty mentioned în the Mil be held by the parties claiiùirig it in trust for the plaintiff, and that the same be sold to satisfy this decree. ����