Legal Opinion

Helburn-Thompson Co. v. All Americas Mercantile Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1917PublishedCited by 2 opinions

Appeal by the defendant, All Americas Mercantile Corporation, 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 20th day of August, 1917, directing defendant’s receiver to hold certain leather in his possession subject to the lien of The National Park Bank, the petitioner herein.

1Opinion of the Court

Smith, J.:

It appears that defendant sold to a firm in Buenos Aires three cases of leather. The National Park Bank bought and discounted two drafts at ninety days after sight for the amount of the sale, drawn on the Buenos Aires firm, to which drafts were attached bills of lading and certificates of marine and war risk insurance. The bank transmitted the papers to its Buenos Aires agent, who procured the acceptance of said drafts by said firm, and thereupon delivered to them the bills of lading and accompanying documents. Thereafter both said firm and the defendant failed. The firm was owing…

2Cases cited4 opinions

  1. Means v. Bank of RandallSupreme Court of the United States · 1892
  2. National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
  3. The Marine Bank of Chicago v. . WrightNew York Court of Appeals · 1871
  4. Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. Hongkong & Shanghai Banking Corp. v. Lazard-Godchaux Co. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
  2. Hunter v. PayneNew York Supreme Court · 1920

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