Mirabella v. Banco Industrial De La Republica Argentina

This action for damages for cancellation in

1948 of letters of credit issued by the defendant, allegedly an instrumentality of the Argentine government, in favor of plaintiff’s 'assignor to finance the building of an industrial complex in Argentina, commenced in our jurisdiction by way of an attachment in 1962.

The affirmative defense of the doctrine of forum non conveniens was early raised and rejected by the late Mr. Justice Henry Clay Greenberg (N. Y. L. J., May 29, 1963, p. 14, cols. 5-7) under the then interpretation of the doctrine, that a resident assignee, if bona fide, had an absolute…