Page:Federal Reporter, 1st Series, Volume 1.djvu/137

FAUWELL V. BKOWN. 129 �went to the Hot Springs in Arkansas for his healtli. in April, 1879, and remained until August of same year, during which time P. E. Brown carried on the business for him. defendant testifies that during his sickness his expenses and those of his family were very large, and that when he returned from Ar- kansas he found he could not meet ail of his payments. On the twelfth of August, 1879, he took an inventory and sold out his stock of goods, |200 worth of notes and $1,700 of accounts to his hrother. The stock inventoried at cost priees $4,581.95, from which was discounted 25 per cent., making the price at which the goods were sold $3,436.4:6, which, with the notes and accounts, made $5,336.46. �The Browns hoth testify that at the time ot this sale the defendant was indebted to his brother in the sum of $2,680.92 ; that $2,080.92 of this was for money advanced by P. E. Brown to defendant to pay elaims for goods purchased by defendant in his business, and $600 was for 10 months' work in the store at $60 per month. �defendant also testifîed, and in this he is corroborated by his brother, and I see no reason to doubt thj fact, that he was indebted to his own wife in the sum of $1,307.45, for money he had had from the proceeds of her separate estate, and which it was the understanding that he should pay back. A farm at Warren, Illinois, had corne to her from her uncle's estate, and which she had sold for $4,700. Her husband received the two last payments, amountingto $1,307.45, and put into his business with the above understanding. He had also received the previous payments and put them in his business, and had never repaid any part of it. �The agreement on the sale of the goods, as testifîed to by the two Browns, was that P. E. Browu should cancel the defendant's indebtedness of $2,680.92 to him, which he did; pay defendant's wife the said indebtedness of $1,307.45, for which he gave his note at the time of the sale and has since partly paid, I believe ail but about $300; and assume a bank indebtedness of $877.94, due by defendant to Northrup & Co., bankers at Belmont, for which he also gave his note, which �v.l,no.3— 9 ��� �