Legal Opinion

Lamborn v. Lake Shore Banking & Trust Co.

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

Decided April 29, 1921PublishedCited by 21 opinions

Appeal by the defendant, The Lake Shore Banking and Trust Company, appearing specially for the purpose of moving to vacate the warrant of attachment herein, 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 25th day of March, 1921, denying defendant’s motion to vacate and set aside the said warrant of attachment.

1Opinion of the Court

Smith, J.:

This action is brought upon a letter of credit. The letter of credit reads as follows:

“ The Lake Shore Banking & Trust Co.
“ Cleveland
“ Letter of Credit No. 102:
“ $26,561.92. Cleveland, May 21si, 1920.
“ Lamborn & Company,
“ 132 Front Street,
“ New York City:
“ Dear Sirs.— We hereby authorize you to value on the Royal Bank of Canada, New York City, for account of The Ohio Confection Company, Cleveland, Ohio, up to an aggregate amount of Twenty-six thousand five hundred sixty-one and ninety-two cents available by your drafts at sight against Bills of Lading for 550 bags Java White…

2Cases cited3 opinions

  1. Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
  2. Frey & Son, Inc. v. E. R. Sherburne Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Goldstein v. Societa Veneziana Per L'Industria Delle ConterieAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by21 opinions

  1. Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941
  2. Crocker First Nat. Bank of San Francisco v. De SousaCourt of Appeals for the Ninth Circuit · 1928
  3. Marine Midland Grace Trust Co. of New York v. Banco Del Pais, S. A.District Court, S.D. New York · 1966
  4. Banco Nacional Ultramarino v. First Nat. BankDistrict Court, D. Massachusetts · 1923
  5. Kingdom of Sweden v. New York Trust Co.New York Supreme Court · 1949

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