Opinion
May 31, 1949.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ. [See post, p. 923.]
Order, denying motion to dismiss the complaint, unanimously affirmed, with $20 costs and disbursements to the respondent, solely on the ground that, because of paragraph fourteenth of the complaint, the complaint itself may be interpreted as a demand for the recovery of payments under a letter of credit in excess of the actual dismantling costs of the sugar mill, namely, $244,950.71. It may be that, on a showing of proper facts, such sum could be recovered without the necessity of tendering the documents.