Story

In February, 1891, the plaintiff being largely indebted to Mrs. Adella B. Story, defendant, and also to other creditors, made an agreement with her as follows:

At that time the plaintiff was engaged in the business of merchandising, and was o turner of certain personal *33 property which it had in its custody, and which was included in the aforesaid agreement. On the 26th of February, 1891, Mrs. Story, without the knowledge and consent of the plaintiff, sold to the defendant Bates a portion of said personal property, who took possession thereof without the consent of the plaintiff, and after-wards sold and disposed of the same. On the 2d of March, 1891, the plaintiff brought this action against the defendants for the conversion of the personal property so conveyed by Mrs. Story to the defendant, Bates. The defendants, in their answer, set up the foregoing agreement and the circumstances under which it was made, alleging performance by Mrs. Story of her part of the agreement, and that she had paid out on account of the debts of the plaintiff the sum of about $115,000, and that there was due to her above the value of the property which she had sold to Bates upwards of $50,000, and…