Bank of North America v. Wheeler
Supreme Court of Connecticut
[ *484 ] *Assumpstt upon sundry checks indorsed by the defendant. The defendant pleaded the general issue in the superior court, with notice, among other things, that lie should prove that, since the commencement of the suit, a judgment had been recovered by the plaintiffs against the defendant, upon.the same checks, in the state of New York, in the court of common pleas for the city of New York.
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[ *484 ] *Assumpstt upon sundry checks indorsed by the defendant. The defendant pleaded the general issue in the superior court, with notice, among other things, that lie should prove that, since the commencement of the suit, a judgment had been recovered by the plaintiffs against the defendant, upon.the same checks, in the state of New York, in the court of common pleas for the city of New York. The issue was closed to the court, the facts specially found, and the case reserved for the advice of this court. It appeared that, during the pendency of the present suit, a judgment had been…
1Opinion of the CourtStorks, C. J.
It is not- necessary for us to consider the questions which have been made on the argument respecting the character of the instruments on which this suit is brought, and their presentment, and notice of their non-payment, because we are of the opinion that the recovery of the judgment upon them in the' state of New York is a complete defense to this action. This conclusion necessarily results from' the effect given bv the constitution and laws of the United States to the judicial proceedings of the states of this union, in-connection with the effect which the law of New York gives to that…
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