Legal Opinion
Barclays Bank D.C.O. v. Mercantile National Bank
District Court, N.D. Georgia
Decided March 13, 1972No. Civ. A. 15297PublishedCited by 4 opinions
1Opinion of the Court
ORDER
O’KELLEY, District Judge.
This diversity action is brought by Barclays Bank D.C.O. (hereinafter Bar-clays) to recover for the alleged wrongful dishonor by Mercantile Bank (hereinafter Mercantile) of a $280,011.65 draft upon the latter bank. The draft was presented pursuant to a writing claimed by Barclays to be both a “confirmation” by Mercantile of an irrevocable letter of credit issued in Barclays’ favor, as well as an independent undertaking to honor drafts. Both parties have now filed motions for summary judgment thus presenting the Court with the problem of determining the nature of…
2Cases cited3 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Border Nat. Bank v. American Nat. BankCourt of Appeals for the Fifth Circuit · 1922
- Bank of Taiwan, Ltd. v. Union Nat. Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1924
3Cited by4 opinions
- Barclays Bank D. C. O. v. Mercantile National BankCourt of Appeals for the Fifth Circuit · 1973
- Flagship Cruises, Ltd. v. New England Merchants National Bank of Boston, and Chemical BankCourt of Appeals for the First Circuit · 1978
- Baker v. National Boulevard Bank of ChicagoDistrict Court, N.D. Illinois · 1975
- Barclays Bank DCO v. Mercantile National BankCourt of Appeals for the Fifth Circuit · 1973