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HYDROCARBON CORP. v. CHEM. BANK

20 A.D.2d 344 (1964)

Hydrocarbon Processing Corp., Plaintiff, v. Chemical Bank New York Trust Company, Defendant

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

February 20, 1964.

Attorney(s) appearing for the Case

Norman Winer of counsel (Kurt J. Wolff with him on the brief; Nathan, Mannheimer, Asche, Winer & Friedman, attorneys), for plaintiff.

Harry H. Voigt (Edwin A. Kilburn with him on the brief; Cravath, Swaine & Moore, attorneys), for defendant.

McNALLY, STEVENS and STEUER, JJ., concur with WITMER, J.; RABIN, J. P., dissents in opinion.

WITMER, J.

In this controversy submitted under rule 3222 of the Civil Practice Law and Rules (see Civ. Prac. Act, §§ 546-547) plaintiff seeks to recover $2,467.63, the amount of a draft payable to it drawn on Industrial Commercial Premier, S. A. of Amagura 103, Havana, Cuba, hereinafter referred to as Premier, in payment for merchandise sold and shipped by plaintiff to Premier in 1959. At that time...

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