Document Type
Article
Publication Date
1-23-1986
Abstract
Bank of Cochin, Ltd. ("Cochin"), the issuer of an international letter of credit, appeals from a summary judgment of the United States District Court for the Southern District of New York (Cannella, J.) entered in favor of Manufacturers Hanover Trust Company ("MHT"), the confirming bank. The district court held that although MHT wrongfully had paid under the terms of the letter of credit, Cochin was precluded from claiming wrongful honor because it failed to comply with the timely notice provisions of Article 8 of "Uniform Customs and Practice for Documentary Credits (1974 Revision)," Int'l Chamber of Commerce, Pub. No. 290 (the "UCP"). We affirm the judgment of the district court on the ground that Cochin's failure to notify MHT of the specific discrepancies in the documents and of the documents' dispositions "without delay," as required by UCP 8(e), precludes Cochin from asserting MHT's noncompliance with the terms of the letter of credit.
Recommended Citation
Miner '56, Roger J., "Bank of Cochin v. Manufacturers Hanover Trust Co., 808 F. 2d 209 - Court of Appeals, 2nd Circuit 1986" (1986). Circuit Court Opinions. 44.
https://digitalcommons.nyls.edu/circuit_opinions/44
Comments
808 F.2d 209 (1986)
BANK OF COCHIN, LTD., Plaintiff-Appellant, v. MANUFACTURERS HANOVER TRUST COMPANY and St. Lucia Enterprises, Ltd., Defendants-Appellees.
No. 64, Docket 85-7664.
United States Court of Appeals, Second Circuit.
Argued September 18, 1986.
Decided December 24, 1986.
New York Law School location: File #239, Box #118