Credit Today is the fastest growing publication in the credit field, favored by more and more top credit executives. We cover the world of business, or trade credit, with concise, yet in-depth, reporting. We also publish the most in-depth salary survey in the industry, covering all major credit positions.Credit Today is the fastest growing publication in the credit field, favored by more and more top credit executives. We cover the world of business, or trade credit, with concise, yet in-depth, reporting. We also publish the most in-depth salary survey in the industry, covering all major credit positions.   
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CreditPoint Software
Can Bank Avoid Paying on Letter of Credit Based on This Technicality?

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The sale of $50,000 in machine parts by Johnson Industries to Fielding Enterprises was secured by an irrevocable letter of credit issued by the First State Bank. The letter of credit is read as follows:

"First State hereby agrees to accept and pay at maturity any grant on us at First State within 60 days of this date by the beneficiary (Johnson Industries) for the account party (Fielding Enterprises) to the aggregate amount of $50,000 and negotiated through First State Bank. One negotiable bill of lading must be forwarded directly to the First State Bank immediately by the bank negotiating the documents. Remaining documents must accompany the drafts."

The goods were delivered to Fielding Enterprises and Johnson Industries received invoices and non-negotiable bills of lading that CFO Pete Johnson attached to a demand letter and sent by certified mail to the bank. The demand letter stated as follows:

"This letter will serve as our draft on your bank for the letter of credit drawn for the account party. Please make your cashier's check payable to the beneficiary. The invoices and bills of lading are attached."

But the bank refused to pay.

"Look at the letter," a First State officer told Pete. "It specifically requires negotiable bills of lading. You didn't provide them."

"Get real!" barked Pete. "Just last month, we submitted almost identical drafts on letters of credit containing the same compliance terms, and you didn't have any trouble with those. What are you doing--changing the rules in the middle of the game?"

But the bank stuck to its guns and refused to pay. Can Pete enforce the letter of credit based on the prior course of dealing?

Click "Next" for the answer.


Next >>


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·  Any advice on accepting a Letter of Credit issued by Bank of Guam?
·  Letters of Credit: Details Count
·  Forum Today: What Proactive Steps Should You Take When Negotiating a Letter of Credit?
·  Selling to European Customers Without Using Costly Letters of Credit
·  Is a bank in the right when it refuses to honor a copy of a letter of credit?
·  Standby Letters of Credit in Bankruptcy Court: How Much Protection Do They Offer?
·  Transferable Letter of Credit: A Smart Way to Extend Your Credit Protection
·  Take the Edge Off Risk With Letters of Credit
·  Standby Letters of Credit
·  Forum: What Is a Stand by Letter of Credit?


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