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SCHWARTZ v. MERCHS. BANK

109 A.D.2d 108 (1985)

Moses Schwartz, Individually and Doing Business as Brazil Sales Co., Respondent, v. Merchants Bank of New York, Defendant, and Pan African Bank Limited, Appellant. (And a Third-Party Action.)

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

June 11, 1985

Attorney(s) appearing for the Case

Carla E. Craig of counsel (James F. Gleason, Jr., with her on the brief; Hertzog, Calamari & Gleason, attorneys), for appellant.

Michael J. Roberts of counsel (Roberts & Roberts, attorneys), for respondent.

KUPFERMAN, J. P., FEIN and ROSENBERGER, JJ., concur.

ASCH, J.

Plaintiff made shipments of merchandise to two consignees in Nigeria. To assure payment for the goods plaintiff engaged defendant, The Merchants Bank of New York, to act as his local banking representative in connection with the processing and collection of the necessary financing documents and sight drafts. Merchants designated defendant-appellant Pan African Bank Limited as its Nigerian correspondent. Although the consignees received goods...

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