Reiter v. E. R. Sherburne Co.

As this action was brought and this application is made so short a time before the limitation date for drafts under the letter of credit, and as the Special Term has exercised its discretion in denying this motion, passing upon disputed questions of fact as to the agreement of August, 1920, we think that the application for an injunction should be denied, and the temporary stay vacated, with ten dollars costs. Present — Jenks, P. J., Putnam, Blackmar' and Kelly, JJ.