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LINDEN v. NAT'L CITY BANK OF N. Y.

12 A.D.2d 69 (1960)

Hans M. Linden, Respondent, v. National City Bank of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1960.

Attorney(s) appearing for the Case

Henry Harfield of counsel (Charles C. Parlin, Jr., and Charles N. Ross with him on the brief; Shearman & Sterling & Wright, attorneys), for appellant.

James W. Scott of counsel (Theobald J. Dengler, attorney), for respondent.

BREITEL, J. P., RABIN, VALENTE and STEVENS, JJ., concur.

EAGER, J.

This is an appeal from an order which denied defendant's motion for summary judgment and which denied cross motion of plaintiff for summary judgment.

The plaintiff, as the agent for the ultimate buyer of quantities of American tinplate, made the arrangements through certain banks in Switzerland to open certain letters of credit in favor of Southern Cross Trading Co. of Washington, D. C., to cover...

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