Mount Prospect State Bank v. Marine Midland Bank

459 N.E.2d 979, 121 Ill. App. 3d 295, 76 Ill. Dec. 844, 38 U.C.C. Rep. Serv. (West) 284, 1983 Ill. App. LEXIS 2716
CourtAppellate Court of Illinois
DecidedDecember 7, 1983
Docket82-1110
StatusPublished
Cited by17 cases

This text of 459 N.E.2d 979 (Mount Prospect State Bank v. Marine Midland Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mount Prospect State Bank v. Marine Midland Bank, 459 N.E.2d 979, 121 Ill. App. 3d 295, 76 Ill. Dec. 844, 38 U.C.C. Rep. Serv. (West) 284, 1983 Ill. App. LEXIS 2716 (Ill. Ct. App. 1983).

Opinion

JUSTICE WHITE

delivered the opinion of the court:

Plaintiff, Mount Prospect State Bank (Mount Prospect), brought this declaratory judgment action in the circuit court of Cook County against defendants, Marine Midland Bank (Marine Midland) and Magic Automotive Products of Illinois, Inc. (MAP of Illinois), seeking a declaration of the rights of the parties under a letter of credit issued by Mount Prospect in the amount of $50,000. John C. Fitzpatrick was granted leave to intervene as a party defendant. The circuit court entered summary judgment in favor of Mount Prospect and MAP of Illinois and held that Mount Prospect was not liable to Marine Midland, the purported assignee of the beneficiary of the letter of credit. Marine Midland now appeals from the order granting summary judgment.

The relevant facts follow. On May 15, 1979, Mount Prospect issued an irrevocable documentary letter of credit in the amount of $50,000 at the request of its customer, MAP of Illinois. The beneficiary of the letter of credit was Magic Automotive Products, Inc., located in Buffalo, New York (MAP of New York). The letter of credit expressly provided: that it was “subject to ‘The Uniform Customs and Practice for Documentary Credits’ (1974 Revision), the International Chamber of Commerce Brochure No. 290”; that sight drafts drawn under the letter of credit must be drawn and negotiated not prior to November 15, 1979, nor later than November 30, 1979; and that the sight drafts were to be accompanied by “Invoices [and] Bills of Lading *** from Magic Automotive Products of Illinois, Inc.” On June 14, 1979, the terms of the letter of credit were amended to require that sight drafts drawn under the letter of credit must be accompanied by “Invoices [and] Bills of Lading *** to Magic Automotive Products of Illinois, Inc.”

On or about June 21, 1979, MAP of New York, the beneficiary, purported to assign all of its rights to draw under the letter of credit to Marine Midland. The purported assignment occurred in a letter dated June 21, 1979, from MAP of New York to Mount Prospect. It should be noted that neither the original letter of credit nor the amendment thereto provided that the letter of credit was transferable or assignable.

On June 27, 1979, the letter of credit was further amended to require that sight drafts drawn under the letter of credit must be accompanied by “Invoices [and] Bills of Lading *** to Magic Automotive Products of Illinois, Inc., covering shipments to various Magic Automotive Products of Illinois locations in the United States.” The amendment also stated: “This Amendment will become effective upon receipt of the beneficiary’s written consent.” Despite the aforementioned purported assignment, the beneficiary’s consent to the second amendment was given by Philip DiCarlo, the president of MAP of New York, not by Marine Midland. Thereafter, on July 5, 1979, Mount Prospect wrote a letter to Marine Midland acknowledging receipt of the June 21 letter. On July 9, 1979, Marine Midland sent a letter to MAP of Illinois which stated that the letter of credit had been assigned to Marine Midland. This letter was acknowledged by MAP of Illinois.

On or about November 15, 1979, Marine Midland attempted to draw on the letter of credit in the amount of $49,982.50. In so doing, Marine Midland presented to Mount Prospect two collection letters, two sight drafts, the original letter of credit and the amendments thereto, Mount Prospect’s letter of July 5, 1979, and certain invoices and bills of lading. Copies of the invoices and bills of lading are contained in the record on appeal. There are 38 invoices and 34 bills of lading. Only three of the invoices reflect, on their faces, that they relate to shipments to MAP of Illinois locations in the United States. The remaining 35 invoices concern: (1) shipments made to entities and persons other than MAP of Illinois, such as MAP of Maryland, Sy Norman in Massachusetts, and Dan Huber in Wisconsin; (2) interest; (3) service charges; and (4) shipping charges. The bills of lading are consistent with the invoices in that the vast majority of them concern shipments to entities other than MAP of Illinois.

Mount Prospect refused to honor the drafts drawn under the letter of credit, and on November 30, 1979, Mount Prospect filed its complaint for declaratory relief. The circuit court entered summary judgment in favor of Mount Prospect and MAP of Illinois, holding that Mount Prospect was not liable to Marine Midland under the letter of credit. The court found that the letter of credit was “nontransferable and nonassignable under any circumstances irrespective of any consent on the part of the parties and because said letter is subject to the UCPDC [Uniform Customs and Practice for Documentary Credits].” The court further found that “[t]his was a commercial transaction and not a transmittal of proceeds.”

On appeal, Marine Midland contends that the circuit court’s judgment was erroneous for three reasons. First, it argues that since all the parties to the letter of credit, Mount Prospect, MAP of New York and MAP of Illinois, consented to the transfer and assignment of the letter of credit and the proceeds thereof, the circuit court erred in finding that the letter of credit was nontransferable and nonassignable under provisions of the UCPDC. Secondly, it argues that the circuit court’s rationale was erroneous because the proceeds of the letter of credit were transferable and assignable to Marine Midland under provisions of the UCPDC and article 5 of the Uniform Commercial Code (Ill. Rev. Stat. 1979, ch. 26, par. 5 — 101 et seq.). Lastly, it argues that the circuit court’s finding that the letter of credit was nontransferable and nonassignable was erroneous, because all of the parties to the letter of credit consented to the transfer and assignment, and therefore, were estopped from asserting as a defense that it was nontransferable and nonassignable. We do not address these contentions because we are of the opinion that even if the right to draw under the letter of credit was properly transferred and assigned to Marine Midland, we would have to affirm the circuit court’s entry of summary judgment because the invoices and bills of lading presented to Mount Prospect clearly did not comply with the terms of the letter of credit.

In reaching this conclusion, we agree with the statement contained in the appellate brief of appellee Fitzpatrick that the assignability issue may be “extremely muddied and confused.” Moreover, a reviewing court is not bound by the precise reasons given by the lower court in entering summary judgment, and we may sustain the entry of summary judgment if the decision is justified by any reason appearing in the record. (Erasmus v. Chicago Housing Authority (1980), 86 Ill. App. 3d 142, 146, 407 N.E.2d 1031; Weber v. Woods (1975), 31 Ill. App. 3d 122, 132, 334 N.E.2d 857; see In re Estate of Leichtenberg (1956), 7 Ill. 2d 545, 549, 131 N.E.2d 487.) The issue of compliance was raised in the court below, and even though it was not the basis of the order from which this appeal is taken, in our opinion, it is dispositive of this appeal.

Section 5 — 103(l)(a) of the Uniform Commercial Code (Ill. Rev. Stat. 1979, ch. 26, par.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Koenig & Strey GMAC Real Estate v. Renaissant 100 South Michigan I
2016 IL App (1st) 161783 (Appellate Court of Illinois, 2016)
Lincoln National Life Insurance v. TCF National Bank
875 F. Supp. 2d 817 (N.D. Illinois, 2012)
Village of Long Grove v. Austin Bank of Chicago
644 N.E.2d 456 (Appellate Court of Illinois, 1994)
Board of Directors, Olde Salem Homeowners'ass'n v. Sec'y of Vet. Aff.
589 N.E.2d 761 (Appellate Court of Illinois, 1992)
Pioneer Bank & Trust Co. v. Seiko Sporting Goods, U.S.A. Co.
540 N.E.2d 808 (Appellate Court of Illinois, 1989)
Auto-Owners Insurance v. South Side Trust & Savings Bank
531 N.E.2d 146 (Appellate Court of Illinois, 1988)
Amoco Oil Co. v. First Bank & Trust Co.
759 S.W.2d 877 (Missouri Court of Appeals, 1988)
Shanley v. Barnett
523 N.E.2d 60 (Appellate Court of Illinois, 1988)
Coleman v. Windy City Balloon Port, Ltd.
513 N.E.2d 506 (Appellate Court of Illinois, 1987)
Waidmann v. Mercantile Trust Co. Nat. Ass'n
711 S.W.2d 907 (Missouri Court of Appeals, 1986)
Security State Bank of Basin v. Basin Petroleum Services Inc.
713 P.2d 1170 (Wyoming Supreme Court, 1986)
Atari, Inc. v. Harris Trust & Savings Bank
599 F. Supp. 592 (N.D. Illinois, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
459 N.E.2d 979, 121 Ill. App. 3d 295, 76 Ill. Dec. 844, 38 U.C.C. Rep. Serv. (West) 284, 1983 Ill. App. LEXIS 2716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-prospect-state-bank-v-marine-midland-bank-illappct-1983.