Bank of New York & Trust Co. v. Atterbury Bros.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtProskauer, J.
The plaintiff appeals from an order denying its motion for summary judgment under rule 113 of the Rules of Civil Practice and section 476 of the Civil Practice Act in an action to recover reimbursement for the payment by the plaintiff of drafts drawn upon it under two letters of credit issued by it for defendant’s account. The contract by which the defendant agreed to indemnify the plaintiff contained this clause: “ We will assume all risk of the acts and omissions of the users of such letter of credit, who shall be considered, our agents, and agree that the bank shall hold the delivery to it…
2Cases cited15 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Snider v. CroyNew York Supreme Court · 1807
- Laudisi v. American Exchange National BankNew York Court of Appeals · 1924
- Draper v. . SnowNew York Court of Appeals · 1859
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3Cited by6 opinions
- Bank of Cochin Ltd. v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1985
- Oei v. Citibank, N.A.District Court, S.D. New York · 1997
- Petra International Banking Corp. v. First American BankDistrict Court, E.D. Virginia · 1991
- Bank of America Nat. Trust & Savings Ass'n v. Liberty Nat. Bank & Trust Co.District Court, W.D. Oklahoma · 1953
- Dulien Steel Products, Inc. of Wash. v. Bankers Trust Co.District Court, S.D. New York · 1960
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