Rosenfeld v. Banco Internacional
Decision Date | 21 March 1967 |
Citation | 278 N.Y.S.2d 160,27 A.D.2d 826 |
Court | New York Supreme Court — Appellate Division |
Parties | , 4 UCC Rep.Serv. 212 Jeanette ROSENFELD, Plaintiff-Appellant, v. BANCO INTERNACIONAL, Defendant-Respondent. |
H. Winestine, New York City, for plaintiff-appellant.
A. J. Connick, New York City, for defendant-respondent.
Before EAGER, J.P., and STEUER, CAPOZZOLI, TILZER and STALEY, JJ.
Order, entered on September 22, 1966, denying plaintiff's motion to strike the defendant's answer and the counterclaim contained therein on the grounds of legal insufficiency, unanimously reversed, on the law, with $50 costs and disbursements to appellant, motion granted with $10 costs, and judgment directed for plaintiff.
In this action, based upon unpaid drafts drawn under four irrevocable letters of credit issued by defendant bank, the defendant admitted issuance of the letters, the presentation by plaintiff's assignor of the shipping documents against which defendant accepted the drafts and its refusal to pay. The defendant's claim of estoppel, which is based upon its allegations that the shipping documents presented with the drafts contained false descriptions of the merchandise shipped, with the result that the goods were seized by the Argentinian government, does not state a defense, and the counterclaim to recover for a partial payment of one of the drafts made by defendant prior to seizure does not state a cause of action (O'Meara Co. v. National Park Bank, 239 N.Y. 386, 146 N.E. 636, 39 A.L.R. 747). The defendant bank was under no obligation to ascertain whether the goods conformed to the contract between the buyer and seller, and was concerned only with the drafts and documents accompanying them. * * *'(O'Meara Co. v. National Park Bank, supra, at pp. 396, 397, 146 N.E. at p. 639.) Nor is such provision contained in the letters presently before this court. As in the above case '(t)he documents presented were sufficient.' (See also...
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...Park Bank of N.Y., 239 N.Y. 386, 146 N.E. 636; Laudisi v. American Exch. Nat. Bank, 239 N.Y. 234, 146 N.E. 347; Rosenfeld v. Banco Internacional, 27 A.D.2d 826, 278 N.Y.S.2d 160; Imbrie v. Nagase & Co., 196 App.Div. 380, 187 N.Y.S. 692; Frey & Son v. Sherburne Co., 193 App.Div. 849, 853, 18......
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...Exchange Natl. Bank, 239 N.Y. 234, 146 N.E. 347; O'Meara Co. v. Natl. Park Bank, 239 N.Y. 386, 146 N.E. 636; Rosenfeld v. Banco International, 27 A.D.2d 826, 278 N.Y.S.2d 160). However, in Sztejn, the court went on to point out that: "* * * a different situation is presented in the instant ......
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Rosenfeld v. Banco Internacional
...A. J. Connick, New York City, for defendant-respondent. Order of this Court entered on March 21, 1967 vacated. 27 A.D.2d 826, 278 N.Y.S.2d 160. EAGER, J.P., and STEUER, CAPOZZOLI, TILZER and STALEY, JJ., ...