Frey & Son, Inc. v. E. R. Sherburne Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frey & Son, Incorporated, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the 'clerk of the county of New York on the 22d day of October, 1920, denying plaintiff’s motion for an injunction pendente lite.
1Opinion of the Court
Greenbaum, J.:
This action is brought in equity by the plaintiff, a buyer of Java sugar, permanently to enjoin the defendant Sherburne Company, the seller, from drawing or negotiating drafts upon a letter of credit issued by the National City Bank to the Sherburne Company to secure the payment of the purchase price of the sugar and permanently to enjoin the defendant bank from honoring or paying any drafts which may have been drawn and which now may be in the hands of third parties.
The facts, so far as material on the appeal, are that the plaintiff, a Maryland corporation, entered into a…
2Cases cited1 opinion
- Benecke v. HaeblerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by29 opinions
- Intraworld Industries, Inc. v. Girard Trust BankSupreme Court of Pennsylvania · 1975
- Kmw International v. Chase Manhattan Bank, N. A.Court of Appeals for the Second Circuit · 1979
- Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941
- Belgium, S.A. v. Phosphate Chemicals Export Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
- Lamborn v. Lake Shore Banking & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1921
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