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LUSTRELON, INC. v. PRUTSCHER

178 N.J. Super. 128 (1981)

428 A.2d 518

LUSTRELON, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. JOHANN PRUTSCHER, INDIVIDUALLY AND D/B/A JOHANN PRUTSCHER COMPANY, AND GEWERBE-UND-HANDELSBANK, A.G., DEFENDANTS, AND UNITED JERSEY BANK, DEFENDANT-RESPONDENT, AND CREDITANSTALT BANKVEREIN VIENNA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1981.

Attorney(s) appearing for the Case

Henry Harfield, of the New York bar, admitted pro hac vice, argued the cause for appellant (Morrison & Morrison, attorneys; Donald W. DeCordova of counsel).

Warren J. Kaps argued the cause for respondent Lustrelon, Inc. (Gary E. Stern on the brief).

Joseph Dunn argued the cause for respondent United Jersey Bank (Cummins, Dunn, Horowitz & Pashman, attorneys).

Defendants Johann Prutscher and Gewerbe-und-Handelsbank, A.G., did not file briefs.

Before Judges SEIDMAN, ANTELL and LANE.

The opinion of the court was delivered by SEIDMAN, P.J.A.D.

This is an appeal from an adverse summary judgment by a foreign bank which honored a letter of credit upon presentment by the beneficiary of a sight draft and document purportedly in compliance with the letter and then sought reimbursement from the issuing bank in New Jersey. The summary judgment declared the letter of credit cancelled and permanently enjoined...

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