KELLY-SPRINGFIELD TIRE v. DAKOTA NORTHWESTERN BANK

Civ. No. 10124.

321 N.W.2d 516 (1982)

The KELLY-SPRINGFIELD TIRE COMPANY, a Maryland corporation, Plaintiff and Appellee, v. DAKOTA NORTHWESTERN BANK, N. A., Defendant and Appellant. DAKOTA NORTHWESTERN BANK, N. A., Third-Party Plaintiff and Appellant, v. Ray HOFFMAN, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

July 9, 1982.


Attorney(s) appearing for the Case

Robert P. Bennett, of the firm Kelsch, Kelsch, Bennett, Ruff & Austin, Bismarck, for plaintiff and appellee.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for third-party defendant and appellant, Ray Hoffman; appearance by Timothy D. Lervick, Bismarck; argued by Patrick A. Conmy, Bismarck.

Gregory W. Tschider, Jr., Bismarck, for defendant and appellant and third-party plaintiff and appellant, Dakota Northwestern Bank, N. A.; and by Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck; argued by Patrick A. Conmy, Bismarck.


PAULSON, Justice.

This case involves the "arcane mysteries"1 of a letter of credit. Kelly-Springfield Tire Company [Tire Company], beneficiary of an irrevocable letter of credit issued by Dakota Northwestern Bank, N. A. [Bank], brought suit against the Bank alleging that the Bank wrongfully dishonored the Tire Company's demand for payment under the letter of credit. The Bank, in turn, filed a third-party complaint against Raymond Hoffman...

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