L. B. Foster Co. v. Koppel Industrial Car & Equipment Co.

The action arises from breach of a contract to deliver steel rails. The contract was made in London and provided for an irrevocable letter of credit “ payable in dollars in New York on presentation of ship documents and Hunt’s certificates.” The rails were to be delivered in Baltimore unless otherwise provided. The allegations of the complaint and the affidavits are that no rails, excepting a very small amount, were ever shipped.

Defendant relies upon Gano-Moore Coal Mining Co. v. Deegans Coal Co. (214 App. Div. 634). The court there, however, stressed that it affirmatively appeared that the…