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Agress v. Turkmenilli

278 A.D. 691 Court N.Y. App. Div. Decision date 1951-03-27 English

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p. 691
Leo Agress et al., Copartners Doing Business under the Name of Agress Nut & Seed Co., Appellants, v. Omer C. Turkmenilli, Respondent.

The letter of credit of the Irving Trust Company states that it is “Identical with credit cabled to you through Chemical Bank & Trust Company, New York.” The letter of credit of the Chase National Bank states, “ Details of this credit advised by cable thru the Chemical Bank & Trust Company, New York, N. Y.” It is not clear that the terms of the contract requiring the establishment of a letter of credit through the Chemical Bank & Trust Company were not complied with. The issue of compliance must await trial and, accordingly, the attachment should stand pending the trial of the issue. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied. Present — Peck, P. J., Glennon, Van Voorhis, Shientag and Heffernan, JJ. [See post, p. 764.]