Bell v. Hunt
New York Court of Chancery
This was an appeal, by J. H. Hazard and John Speer, from an order of the late vice chancellor of the first circuit, overruling their several demurrers to the bill of complaint in this cause.
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This was an appeal, by J. H. Hazard and John Speer, from an order of the late vice chancellor of the first circuit, overruling their several demurrers to the bill of complaint in this cause. Robert O. Bell, a British subject and a merchant, then domiciled at Quebec, a few days previous to the 21st of November, 1844, committed an act of bankruptcy and fled to the United States, bringing with him something more than' £500 sterling, in the bills of different Canada banks; most of which were the bills of the Bank of British North America at Montreal. He applied to the complainants, at their…
1Opinion of the Court
The Chancellor.
This appears to be a proper case for a bill-of interpleader. For, upon the case stated in the complainant’s bill, it is a matter of doubt to which of the defendants the bill of exchange in question actually belongs! The complainants therefore cannot safely pay it to either.
The case of Abraham v. Plestoro, (3 Wend. Rep. 538,) in*395deed decided that an assignment under the English bankrupt laws could not have the effect to transfer property which was not within the territorial jurisdiction of the English government at the time of such assignment, even as against the bankrupt…
2Cases cited1 opinion
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by8 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Pfister v. WadeCalifornia Supreme Court · 1880
- Fairbanks v. BelknapMassachusetts Supreme Judicial Court · 1883
- In re BristolNew York Supreme Court · 1863
- Bruggemann v. Bank of the MetropolisNew York Marine Court · 1877
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