Pintel

Appellant Pintel doing business as California Trading Company sued defendants, a partnership with domicile in Ceylon, herein referred to as Mohamed, for breach of contract. Ancillary to his action he caused the attachment of a certain check in the possession of the California Bank at Los Angeles. While it was in the custody of the sheriff, respondent, Mercantile Bank of India, filed a third party claim -‘(Code Civ. Proc., § 689) to the check and the proceeds to be 'derived therefrom. Following a trial of the claim and delivery (action, the court below determined respondent to be owner of ghe check and entitled to its possession. Plaintiff appeals from ehe judgment entered.

se The controversy had its genesis in an irrevocable letter of is edit issued April 23, 1949, by the Citizens National Trust & an.yings Bank of Los Angeles. It was addressed to Mohamed enithe distant island of Ceylon. Under its terms, Citizens Bank Cowde available to the drafts of Mohamed the sum of $23,400

[condition that the drafts be presented with certain docua fots including three sets of a bill of lading made out to the secrer of Citizens Bank. By the terms of the letter of credit, Co., fens Bank agreed…