P.B.Mukharji, J.

1. This is an appeal from the judgment and decree of G.K. Mitter, J. dismissing the plaintiff's suit against the defendant for the recovery of Rs. 36,837-9-3 without costs.

2. The suit was originally instituted by the Comilla Banking Corporation Ltd. to which the present United Bank of India Limited has succeeded. The defendant is Nederlandsche Standard Bank of Amsterdam, Holland. The plaintiff's suit was based on a claim arising out of a commercial letter of credit. The facts may be briefly stated at the outset.

According to the plaintiff, the defendant on the 24th November 1947 under the orders of N. Jacobson and Co., of Amsterdam, opened an irrevocable and confirmed credit in terms of Letter of Credit No. 114 dated the 24th November 1947 in favour of one Herbert Joseph Corporation of Calcutta whose sole proprietor was one D.N. Sharma and the defendant advised the opening of such credit to the seller Herbert Joseph Corporation through Messrs Netherlands Trading Society of Calcutta. The Credit was for .3360. The transaction related to a sale of 20 tons of black garbled Malabar pepper sold by Herbert Joseph Corporation to Jacobson and Company. The validity