Page:Federal Reporter, 1st Series, Volume 5.djvu/764

762 FEDERAL REPORTER. �money and received the proceeds of the sales of the property, and gave them credit upon their books in a running account as from time to time he received it, and made charges therein as from time to time he advanced it, withoat applying the receipt in payment of any particular item of the account, the law says that the first money which he received shall be ap- plied to the payment of the first debt which existed. And if these payments applied in that way equal the debt which existed on the fourteenth day of April, the corporation in this case has no right, upon the fact that it was in violation of the rights of the creditor, to maintain this action, The ques- tion, whether he did receive sufficient payments to do so, is for you to determine from the evidence. Verdict for defendants. ���Lee, Assignee, v. HoiiListeb and others.* (District Court, B. Kentueky. December, 1880.) �1. Peomissort Notes— Patment—Rhnewals. �Where A. and B. executed a note on January 10, 1873, at four months, for $5,000, which was disoounted by the Covington National Bank, and at its maturity A., the principal, gave his check upon that bank for the amount of the note and took it up, and A. and B. gave a new note, which was discounted by the bank, and the proceeds placed to A. 's credit to pay the maturing note, and this transaction was re- peated at intervais of four months until February 23, 1878, when the note in suit was executed, hdd, that the debt created in January, 1873, had not been paid, and that these new notes were merely re- newals. �2. Suit to Bet Asidb Convetances — Kentuckt — Wife's Monet, �Slaves, and Land — Fonds Fubnishbd to Husband — Valuablb Consideration — Kbntuckt Statuts against Praudulent Convey- ANCE8 — Construction — Pbior and Subsequent Creditobs. �In a suit by an assignee in bankruptcy of H. to set aside two conveyances made to H.'s wife in 1874, it appeared that in 1850, when they were married, she was possessed of a large property, consisting of money, slaves, and land, inherited from her father. There was no �*Reported by Messrs. Florien aiauque and J. 0. Harper, of the Cincin- nati bar. ����