First State Bank v. Diamond Plastics Corp.
Supreme Court of Oklahoma
1Concurring in part, dissenting in partSummers, Justice
I agree that strict compliance is a proper standard for measuring a demand .for payment pursuant to a letter of credit. I further agree that a nonnegotiable bill of lading cannot be unilaterally presented by a beneficiary to demand payment on a letter of credit requiring a negotiable bill of lading. But this letter of credit does not require Diamond Plastics to present a negotiable bill of lading. In my view, its presentment strictly complied with the terms of the letter of credit. I would not remand this case on an estoppel theory as does the Court, but rather would remand with instructions…
2Cases cited32 opinions
- Westwind Exploration, Inc. v. Homestate Savings Ass'nTexas Supreme Court · 1985
- Allied Chemical International Corp. v. Companhia De Navegacao Lloyd BrasileiroCourt of Appeals for the Second Circuit · 1985
- Marino Industries Corp., Cross-Appellee v. The Chase Manhattan Bank, N.A., Cross-AppellantCourt of Appeals for the Second Circuit · 1982
- Pringle-Associated Mortgage Corporation, a Louisiana Corporation v. Southern National Bank of Hattiesburg, Mississippi, a National Banking CorporationCourt of Appeals for the Fifth Circuit · 1978
- Bank of China v. David C.W. ChanCourt of Appeals for the Second Circuit · 1991
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