Page:Federal Reporter, 1st Series, Volume 1.djvu/810

802 FEDBKAL REPORTER. �The hogs were bought in the name of Anderson, Hamilton & Co., and the product was also sold in their name. A new set of books was opened, and the transactions relating to said business were entered under the name of Anderson, Hamil- ton & Co. After making this contraet, and while the pork paeking season. was going on, Swearingen & Biggs continued their business as before, at the same store, and Anderson, Hamilton & Co. continued their office at the same place as before, kept up their separate books in the name of Ander- son, Hamilton & Co., and borrowed money and did business in that name as before. Neither of these firms had any interest in the business of the other, except the joint interest in the hog product of that season. In the course of their business a large amount of paper was drawn by Swearingen & Biggs upon Anderson, Hamilton & Co., and accepted by them, generally, in favor of Hamilton Bros., who indorsed the paper, which was also indorsed and negotiated by Wil- liam B. Hamilton. Amongst the paper so negotiated were the bills proven in this case by the bank of Kentucky, amount- ing to 180,000. �In June, 1876, the conjoint firm was dissolved by reason of great financial embarrassment, and the control of the hog product and the other assets of the joint account was trans- ferred to Swearingen & Biggs. On the twenty-sixth of June an agreement or settlement was made between the conjoint firm and its creditors holding paper drawn, accepted and in- dorsed as above stated, by which it was agreed that upon the turning over by Swearingen & Biggs to a trustee (William Hughes being afterwards named by the creditors as such trustee) of ail the hog product and other assets of Anderson, Hamilton & Co., and paying the creditor $66,000 in 6, 12 and 18 months, with interest, securing the same upon real estate, and by warehouse receipts upon whisky of Swear- ingen & Biggs, the creditors would obligate themselves not to sue Swearingen & Biggs, and to acoept such hog products and the sum of $66,000 in full satisfaction of the liabilities of said Anderson, Hamilton & Cq. and Swearingen & Biggs, ��� �