Opinion
March 27, 1951.
Present — Peck, P.J., Glennon, Van Voorhis, Shientag and Heffernan, JJ. [See post, p. 764.]
The letter of credit of the Irving Trust Company states that it is "Identical with credit cabled to you through Chemical Bank Trust Company, New York." The letter of credit of the Chase National Bank states, "Details of this credit advised by cable thru the Chemical Bank Trust Company, New York, N.Y." It is not clear that the terms of the contract requiring the establishment of a letter of credit through the Chemical Bank Trust Company were not complied with. The issue of compliance must await trial and, accordingly, the attachment should stand pending the trial of the issue. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied.