Lamborn v. . the Lake Shore Banking and Trust Company
New York Court of Appeals
Appeal, by perlnission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1921, which reversed an order of Special Term denying a motion to vacate an attachment and granted said motion. The action was brought upon a letter of credit under the terms of which drafts could be drawn against bills of lading for “ Java White granulated sugar.” The draft presented was against a bill of lading for “ Java White sugar.”
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Appeal, by perlnission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1921, which reversed an order of Special Term denying a motion to vacate an attachment and granted said motion. The action was brought upon a letter of credit under the terms of which drafts could be drawn against bills of lading for “ Java White granulated sugar.” The draft presented was against a bill of lading for “ Java White sugar.” The said bill of lading was made out to' plaintiff and indorsed in blank instead of being made to defendant as required by…
1Opinion of the Court
Order affirmed, with costs. First question certified answered in the negative, second in the affirmative, third, fourth and fifth not answered; no opinion.
Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound and Andrews, JJ. Dissenting: Crane, J.
2Cited by22 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941
- Courtaulds North America, Inc. v. North Carolina National Bank, a National Banking AssociationCourt of Appeals for the Fourth Circuit · 1975
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
- Banco Espanol De Credito v. State Street Bank and Trust Company, (Two Cases)Court of Appeals for the First Circuit · 1967
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