Kendall v. McClure Coke Co.

Citations

• 182 Pa. 1
• 37 A. 823
• 1897 Pa. LEXIS 761

Syllabus

<p>Assignment for creditors — Estoppel—Affirming the assignment — Lands in other slates — Validity of deed.</p> <p>When a Pennsylvania creditor under a Pennsylvania assignment for creditors takes partin a consultation of creditors with the assignee, obtains leave of court to file exceptions to the assignee’s account nunc pro tunc, and presents and proves his claim, he will be estopped from denying the validity of the assignment as to lands in another state, and a court of equity in Pennsylvania will enjoin him from prosecuting a suit instituted in such other state to secure a preference over other crediübrs as to the lands there situated, although the question of the validity of the assignment in such other state involves the law of the situs of the property.</p>