114 Misc. 127 | N.Y. Sup. Ct. | 1921
The plaintiff is a domestic banking corporation organized under the laws of the United States, and has its principal place of business in New York county, state of New York, and the defendant is a Massachusetts corporation having its principal place of business in Boston, commonwealth of Massachusetts. In May the defendant issued a letter of credit to one Eugen Boissevain & Co., Inc., of New York, whereby it authorized Boissevain & Co. to draw a sight draft not exceeding the aggregate amount of $221,200 on the National Bank of Commerce, New York, covering shipments of sugar. The defendant agreed in the letter of credit “ with the drawers and indorsers and bona fide holders of draft drawn under and in compliance with this letter of credit that the same shall be duly honored upon presentation at the office of National Bank of Commerce, in New York City, if accompanied by the documents that were therein mentioned.” Subsequently, the defendant assented in writing to the assignment of this credit to the plaintiff, the National Park Bank. In October, 1920, a draft was drawn by Boissevain & Co. under this credit of $220,442.19 on the National Bank of Commerce, New York, payable to the plaintiff, and this draft was delivered to the plaintiff for a valuable consideration, plaintiff having all of the essentials of a bona fide holder of a draft as a negotiable instrument. The draft conformed fully with the letter of credit, had attached all of the documents required by the letter of credit, and the documents fully conformed with the provisions of the credit. The plaintiff, in parting with the considerations. which it had paid for the draft, acted in reliance on defendant’s promise contained in the letter of credit. When the draft and documents were presented to the National Bank of Commerce, all due forms being observed, on October 27,1920, and
Motion granted.