Pan-American Bank & Trust Co. v. National City Bank of New York

(after stating the facts as above). At the very threshold of this matter the parties disagree as to its nature. Pan-American describes it as an action “upon a commercial letter of credit,” while the other side insists that it is brought on an agreement by Pan-American to reimburse City Bank for whatever it paid out on such promise of reimbursement. The difference is more than a technicality, for the nature of any legal procedure is determined by the pleading. That pleading may be bad, but, good or bad, the pleas dominate the evidence, and define or delimit the scope of the pleader’s efforts.

Th…