INDEX TO CASE LAWS

MISCELLANEOUS CASES

Click on relevant "subject matter" for full details

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No. Subject matter

 

Country
901 Strozzo v. Sea Island Bank

Action by guarantor of applicant to a standby to enjoin issuer from paying.

 

USA
902 Nova International, Inc. v. American Express Bank, Ltd.

Action by party on whose behalf L/C was to be issued against applicant and issuer for failure to issue the L/C.

 

USA
903 Calgarth Investments, Ltd. v. Bank Saderat Iran

Assignee of L/C against issuer for wrongful dishonor.

 

USA
904 Marathon Electrical Manufacturing Corp. v. Mashreqbank PSC

Assignees of proceeds sued intermediary bank for failure to deliver proceeds of a letter of credit pursuant to assignment.

 

Queen's bench, UK
905 Banque San Paolo v. Iraqi State Co

Assignee of proceeds brought action against OFAC to lift the freeze on funds owed to it by an Iraqi issuer bank held in a New York reimbursing bank..

 

USA
906 Philippine Airlines, Inc. v. City Trust Bank

Bank Officer Negligence in LC Issuance.

 

USA
907 Brenntag International Chemicals, Inc. v. Bank of India

Fraud, Negotiation, Preliminary Injunction against Honor 

 

USA
908 Red Rock Commodities, Ltd. v. Standard Chartered Bank

Borrower brought a suit for US$ 137,000,000 against lender for liability arising as a result of LC reimbursement agreements.

 

USA
909 Newco Co. Ltd., Switzerland v. Huichun Branch of the Construction Bank, Jilin, China

Supreme People's Court clarifies China's position on UCP

 

CHINA
910 Buozo v. Citibank, N.A.

Consultant against bank to enforce the terms of a letter issued by the bank as if it was a letter of credit.

 

USA
911 Bombay Industries, Inc. v. Bank of New York

Contacting the applicant for waiver does not constitute consent by the issuer to waive any discrepancy.

 

USA
912 United States v. Miller

Criminal Fraud

 

USA
913 United States v. Fischer

Criminal Fraud

 

USA
914 Documentary Credits enforce Saudi beef ban

 

Saudi Arabia
915 Thiagarajar Mills, Ltd. v. Thornton

Action by drawee of documentary collection against the principal and remitting bank for fraud, conspiracy to defraud and racketeering activities

 

USA
916 Quantum Finance, Inc. v. Chase Manhattan Bank

First beneficiary of a transferred LC sues transferring bank for wrongful advice of a request from the second beneficiary.

 

USA
917 Royal Bank of Scotland v. Holmes

Guarantor sued principal for reimbursement, seeking to enforce his obligations under indemnities granted as security for guarantees issued by the guarantor .

 

USA
918 ICC Original documents Decision affirmed in Voest

This case, decided by the US District Court for the Southern District of Texas, is notable for the court's direct reference to the ICC Banking Commission Decision on original documents.

 

USA
919 Chemical Bank v. Affiliated FM Insurance Co. (Andina)

Insurance; Examination; Cover Letter; Bill of Lading Date.

 

USA
920 Jurisco, Inc. v. Bank South, N.A

Interpleader action for the proceeds of a letter of credit..

 

Georgia
921 Standard Chartered Bank v. Van Ekris& Co.

Interpleader by issuer between applicant and correspondent bank regarding funds of an LC honored by a correspondent bank, in turn dishonored by the issuer bank.

 

USA
922 Kostroma, Ltd. v. Standard Chartered Bank

Compliance: Marks on Packing Lists.

 

USA
923 Standard Chartered Bank v. Pakistan National Shipping Corp

.Negligent Misrepresentation; Conspiracy; Bill of Lading; Fraud

 

UK
924 Credit Agricole Indosuez v. Generale Bank

Notice of Dishonor; Waiver; Reimbursement; Dates for Shipment; UCP 500 Article 18

 

Queen's bench, UK
925 Cantrade Privatbank AG Zurich v. Bangkok Bank Public Company Ltd

Paying bank sues issuer for reimbursement.

 

USA
926 Hellenic Republic v. Standard Chartered Bank

Reasonable Time; Without Delay.

 

USA
927 Odd-Bjorn Huse v. Norway Seafoods, AS

Contract to Provide LC; "Reasonably Acceptable" Applicant v. Beneficiary

 

USA
928 Peters v. Northern Trust Co.

Reimbursement

 

USA
929 Qatar National Navigation and Transport Co., LTD. v. Citibank, N.A.

Seller sued purported issuer for breach of agreement to issue an LC, fraudulent misrepresentation, and negligent representation.

 

USA
930 Expert commentary   

Fung King-tak on the legality of silent confirmationCredits  (Insight.Volume 7 No 1. Winter 2001)

 

Hongkong

 

931 Studwell Inc. v. Korean Exchange Bank

Subcontractor against assignee of a letter of credit for proceeds of the credit.

 

USA
932 McCormack v. Citibank, N.A

Subrogee of applicant sued issuer and reimbursing banks for wrongful honor and negligence..

 

USA
933 Agritrade International Pte Ltd v. Industrial and Commercial Bank of China

Choice of Law; Cancellation; Injunction; Fraud; Transfer; Warranty; Discount

 

Singapore
934 Typographical errors in a credit; missed weight on packing list; notify details on AWB that are different from L/C terms

 

General
935 Czarnikow-Rionda Sugar Trading Inc. v. Standard Bank London

Underlying Fraud; Balance of Convenience Test; Injunction

 

Queen's bench, UK
936 In Re: Baja Boats, Inc

Unsecured creditors against beneficiaries of standby seeking to recover a preferential transfer..

 

USA
937 Various cases including Bank of Baroda v. Vysya Bank ltd

The UCP in court-   Issues of jurisdiction are common in litigation involving the enforcement of letters of credit.

 

Queen's bench, UK
938 The Stone Gemini

Wrongful Discharge of Cargo; Bill of Lading; Negotiation

 

Australia