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Rheinberg Kellerei GmbH v. Brooksfield National Bank of Commerce Bank
Citation:
901 F.2d 481 (1990)Facts
In January 1986, J & J Wine, an American company, ordered wine from Rheinberg Kellerei GmbH, a German firm, through importer Frank Sutton & Co. Payment was arranged through an international letter of collection handled by Edekabank in Germany and NBC Bank in San Antonio. On March 27, 1986, NBC Bank received the collection documents with instructions that payment was due “on arrival of goods in Houston harbor” and to notify Sutton “in case of any difficulty of lack payment.” NBC Bank presented the documents to J & J Wine on March 27, before the wine arrived. J & J Wine did not pay and requested NBC Bank hold the letter while it raised funds. NBC Bank never notified Edekabank or Sutton of this payment difficulty. The wine arrived March 31, 1986, but NBC Bank received no notice. The wine sat exposed in metal containers at Houston harbor until it completely deteriorated. U.S. Customs eventually sold it at auction. J & J Wine went out of business, and Rheinberg Kellerei was never paid.
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