Question 371.— A draft, in duplicate, is purchased from a bank in Canada, by John Smith, payable to himself and drawn upon its own branch in a United States city. Payee is murdered in United States territory, and leaves no will; on his person is found the original, not endorsed, which is subsequently presented at the branch on which it is drawn, endorsed by an administrator, duly appointed by a United States judge. Meanwhile letters of administration have been granted by a Canadian judge to deceased's brother, his heir and next of kin, who holds the duplicate. At his request the issuing branch stop payment by telegraph, and on presentation of the original it was refused.

The case stands thus:—The United States administrator has the original, the Canadian the duplicate; the bank the money. Suits are threatened against the bank at both its United States and Canadian branches by the respective administrators. Is the money, represented by the original and duplicate draft, subject to United States or Canadian jurisdiction ? What would be the bank's best action to prevent the courts of both countries from giving judgment against it, thereby causing the amount to be paid twice over?