Auto Servicio San Ignacio v. Compania Anonima Venezolana De Navegacion

765 F.2d 1306, 41 U.C.C. Rep. Serv. (West) 554
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 22, 1985
DocketNo. 84-3460
StatusPublished
Cited by4 cases

This text of 765 F.2d 1306 (Auto Servicio San Ignacio v. Compania Anonima Venezolana De Navegacion) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Auto Servicio San Ignacio v. Compania Anonima Venezolana De Navegacion, 765 F.2d 1306, 41 U.C.C. Rep. Serv. (West) 554 (5th Cir. 1985).

Opinion

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case concerns an international letter of credit issued by the Banco de Maracaibo of Venezuela on behalf of plaintiff Auto Servició San Ignacio, S.R.L., a Venezuelan corporation. We must decide whether an advising, confirming, and paying bank on such a letter of credit owes any duty of care under Louisiana tort law to the customer of the bank that issued the credit; whether one to two years is a reasonable length of time for the issuing bank to wait before asserting a claim against the advising, confirming, and paying bank that the credit was paid on non-conforming documents; and whether the advising, confirming, and paying bank must look beyond the face of documents complying with the terms of the credit to ascertain facts that only such a bank can determine. We answer all three questions in the negative and affirm the district court’s grant of summary judgment.

I

The facts of this case are detailed in the district court’s opinion, 586 F.Supp. 259 (E.D.La.1984). We lift only those necessary to our decision.

Auto Servicio wished to purchase $106,-098.48 worth of tires from an American corporation, Worldwide Tire, and arranged for payment to Worldwide with a letter of credit. Defendant Hibernia National Bank of New Orleans acted as the advising, confirming, and paying bank for the Banco de Maracaibo. Under the terms of the credit, Hibernia was to release to Worldwide a draft paying for the tires upon Worldwide’s presentment of bills of lading and certain additional documents which would verify that the tires were insured and loaded aboard a ship bound for Venezuela.

The credit was issued by Banco on March 25, 1982, and on March 26, Hibernia so notified Worldwide. On April 8, one “David Smith,” a representative from Worldwide, presented Hibernia with documents which seemingly complied with those required by the credit, and Hibernia issued him a draft for the required sum. Hibernia then notified Banco that it had done so, and forwarded the presented documents to Banco.

The documents, as it turned out, were forged. There were no tires, Worldwide was a sham corporation, and David Smith had cashed the draft and skipped town. On April 23, immediately after Auto Servi-cio discovered the fraud, Banco cabled Hibernia asking it to cancel the credit. Hibernia had debited Banco’s account weeks earlier and accordingly, refused the request, explaining that it had come too late.

Auto Servicio apparently did not contest Banco’s right to debit its account. Instead Auto Servicio sought relief in the federal district court in New Orleans against Hibernia Bank for its role in the transaction. This appeal concerns the district court’s grant of summary judgment in favor of Hibernia on Auto Servicio’s claims against it.

Although the district court conceded that there were arguably issues of material fact on the question whether Hibernia had exercised the standard of care required by La. Rev.Stat. 10:5-109 in honoring the doc[1308]*1308uments presented on the letter of credit,1 it granted summary judgment in favor of Hibernia, concluding that the duty of care owed by Hibernia as advising, confirming, and paying bank ran only to its customer, Banco, the issuer of the credit, and not to Banco’s customer, Auto Servicio. In short, the court held that in light of the relationships in the letter of credit transaction as defined by Article 5 of the U.C.C., Auto Servicio’s claim should have been brought against Banco, not Hibernia. The court then refused to circumvent this statutory scheme by allowing Auto Servicio to state a tort claim against Hibernia, reasoning again that although section 5-109 imposed on Hibernia a duty to examine the credit documents with care and to observe general banking usage, this duty did not run to Auto Servicio.

Auto Servicio then amended its complaint to assert the rights of Banco against Hibernia, rights acquired by assignment from Banco, and asked the district court to reconsider its grant of summary judgment. The court again granted summary judgment, explaining that La.Rev.Stat. § 10:5-112 gave Banco only three days in which to complain to Hibernia that the documents honored by Hibernia did not conform to the terms of the credit, and that Banco’s failure to make such a claim within that time barred any action it might have against Hibernia. The court noted that none of Banco’s telexes to Hibernia, either before or after the fraud was discovered, suggested that the documents on their face did not comply with the terms of the credit. Auto Servicio appeals.

II

Auto Servicio first reurges its argument that Hibernia should be liable to it under Louisiana tort principles because Auto Servicio was one foreseeably injured by Hibernia’s failure to exercise the proper care in examining the documents presented on the letter of credit. Like the district court, we are unconvinced. The district court correctly determined that to the extent there is a duty under Louisiana tort law, it is the duty of care defined by section 5-109, owed by Hibernia only to its customer on the letter of credit, Banco. The reasons given by the court for its refusal to expand the confirming bank’s liability on a negligence theory are sound: “[It] would disrupt the letter of credit transaction as structured by [Article 5] and would hinder the commercial viability of the letter of credit. A bank in Hibernia’s position would not be nearly so willing to provide its services if liability were extended to parties with whom it never dealt.” 586 F.Supp. at 264. The exchange function of the letter of credit rests upon objective predictable standards with defined expectations and risks. Injecting the uncertainty of the tort principles contended for is inconsistent with these necessities and is not supported by the Code, which implicitly rejects them.

The only authority in support of Auto Servicio's theory, Instituto National etc. v. Continental Illinois, 530 F.Supp. 279 (N.D.Ill.1982), has been criticized, see U.C.C. Survey, 38 The Business Lawyer, 1169, 1176-78 (1983), and differs factually from the instant case. The Continental [1309]*1309court recognized a negligence action by the customer of the issuer against the confirming bank, but not on the basis that the confirming bank failed to exercise due care in examining the documents required by the letter of credit. Rather, the theory was that the confirming bank was negligent when it supervised the beneficiary’s revision of those documents. While we are unpersuaded by its reasoning, the case is, in any event, distinguishable.

In sum, we affirm the district court’s decision that Auto Servicio had no cause of action under the Louisiana tort law against Hibernia, the advising, confirming, and paying bank on the letter of credit.

Ill

Auto Servicio also challenges the district court’s grant of summary judgment in favor of Hibernia on any rights Banco may have had as Hibernia’s customer. The district court reasoned that any claim Ban-co had against Hibernia was barred by Banco’s failure to notify Hibernia of the asserted non-conformities in the documents within three days of Banco’s receipt of them. The court relied on La.Rev.Stat.

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Bluebook (online)
765 F.2d 1306, 41 U.C.C. Rep. Serv. (West) 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auto-servicio-san-ignacio-v-compania-anonima-venezolana-de-navegacion-ca5-1985.