BRIL v. SUOMEN PANKKI FINLANDS BANK


199 Misc. 11 (1950)

Ephraim Bril, Doing Business as Trans-American Commodity Exchange, Plaintiff, v. Suomen Pankki Finlands Bank, Defendant.

Supreme Court, Special Term, Erie County.

April 6, 1950.


Attorney(s) appearing for the Case

Maurice Lutwack, Louis Borins and Isadore Snitzer for plaintiff.

John D. Kernan, Jr., for defendant.


HALPERN, J.

This action was brought to recover damages for anticipatory breach of an irrevocable letter of credit alleged to have been issued by the defendant bank in favor of the plaintiff.

The action was commenced by the attachment of the defendant's property in this State. After the defendant had appeared and answered, the plaintiff moved under rule 103 of the Rules of Civil Practice to strike out certain...

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