Page:Federal Reporter, 1st Series, Volume 9.djvu/105

90 PBDEBAL BEPOBTEK. �This copy, therefore, was inadmissible, but if admitted would have been wholly insufficient, executed in 1867, to establish that in 1871 the bankrupt was not then owner of one-fourtn, when he and his wife had botb sworn that at that date he did actually hold that interest in this brig. That he subsequently invested in the brick-yard $2,250, which was apparently a valuable and safe investment, is not questioned. His other property was in bonds, — $4,000 or $5,000, — which in his deposition he says he then held, but which were subsequently, in 1873, converted into Connecticut Western Eailroad bonds, costing him 90 per cent;, but from which he eventually realized only about 20 per cent. The testimony of John H. Jarvis was "that about a year after the deed was made he sold some govemment bonds belonging to the bankrupt, and with the proceeds purchased $6,000 of Connecticut Eailroad bonds;" thus corrobora ting the statement of the bankrupt and his wife, and fully satisfying the mind of the court that he was Ihe owner of $4,000 or $5,000 of government bonds, probably the larger sum, as with the. proceeds he acquired $6,000 of the railroad bonds at 90 per cent. That there was no actual fraud intended by this deed, is demonstrated by the undisputed fact that a number of years after its date he offered to pay both of the creditors who have proved their daims the full amount he was then indebted to them, which they declined to receive, preferring to retain without any security his notes, and collect their interest from him. There can be but little question that these creditors, one of whom, if not both, was a resident in Castine, in the same town with the bankrupt, must have been aware of this conveyanee, and their actions are strongly corrob- orative of the testimony that the bankrupt was then a man in good credit, of ample means to discharge all his liabilities, To one of these creditors the bankrupt says "he offered a government bond in payment at the then premium." This was the equivalent of cash, as the party could have disposed of it at any moment, and establishes that he was then the owner of such securities, and is in confirmation of the other testimony in the cause. �Upon all the evidence the court is well satisfied that the bankrupt, at the time of this conveyanee, acted in perfect fairness towards all his creditors, without any purpose or intent to hinder, delay, or defraud them in any respect; that he was owing but $3,000, and he retained of personal property more than fourfold that amount ; that by most extraordinary misfortunes he finally lost nearly this entire sum, without fault on his part; that for at least four years the creditors could have received their full pay at any moment, the ��� �