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WHITEHALL PACKING CO., INC. v. FIRST NAT'L CITY BANK

55 A.D.2d 675 (1976)

Whitehall Packing Co., Inc., Respondent, v. First National City Bank, Appellant

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

December 27, 1976

Judgment and order reversed, on the law, with $50 costs and disbursements, and motion for summary judgment denied.

Plaintiff, a meat packing firm, received three orders through a broker to sell meat to Trunz Inc. on the following terms for payment: "DRAFT: 1 ST NATIONAL CITY, BROOKLYN, NY." Plaintiff made three shipments of meat to Trunz by truck and, on each occasion, sent a sight draft to the defendant bank accompanied...

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