Volume 7 — New York Transcript Appeals (1867–1868)

<p> Res acbjudicata—Question of fact </p>

<p> Undertaking on appeal—Notice—Contemporaneous Acts. </p> <p>The reciting in an undertaking on an appeal that the party “intends to appeal ” &c., is not inconsistent with the fact that the appeal and the giving the undertaking are synchronous. There is no impropriety in such a recital in an undertaking on an appeal.</p>

<p> Insolvent Laws—Non-resident creditors—Dividend—Estoppel. </p> <p>Creditors residing out of the jurisdiction of the State at the time the debt is contracted, are not to be affected in their rights by the insolvent laws of this State.</p> <p>The fact that they seek to avail themselves of the Courts of this State to enforce their rights under such extra-territorial contract, does not render them amenable to the insolvent laws of this State.</p> <p>But when a foreign creditor makes himself a party to a proceeding under the insolvent laws of this State which discharges the debt, and he accepts a dividend under the law, he is estopped from denying the regularity and validity of such proceedings.</p>

/ The action is brought to recover from the Defendants the amount of a draft or check drawn by them at Albany upon the National Bank of Commerce in the city of New York, payable to the order of J. H. Abbott, for the sum of five thousand two hundred and eleven dollars, without producing the draft, and while the draft is in the possession of the Second National Bank of Parkersburgh, in West Virginia, which bank claims to be the lawful holders and owners thereof, and refuses to…