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Sztejn v. Henry Schroder Banking Corp Case:
The Sztejn v. Henry Schroder Banking Corporation case, which was decided by Judge Shientag is considered as a landmark case that contributed to the development of English case law with regards to the fraud exception. The applicant of the letter of credit in the case sought a court injunction against the issuing bank in order to stop it from paying on documents that were presented by the seller. This applicant for the case argued that the shipped goods were not the items he had contracted for whose beneficiary was a merchant in India. Generally, the ruling of the case was a necessary element in preserving the efficiency of the Letter of Credit law as a vital instrument for financing trade.
Fraud in the Transaction:
The main basis of the Sztejn v. Henry Schroder Banking Corp case was allegations that shipped goods were not the ones contracted for as the applicant sought an injunction that could prevent the bank from making payment on documents. The plaintiff sought this measure based on a letter of credit...
According to the complainant, the documents accompanying the drafts were fraudulent since they did not represent the real merchandise but they were rather fraudulent cover boxes that were packed with worthless goods by the seller of the material ("Sztejn v. J. Henry Schroder," n.d.).
The letter of credit was issued to Transea by Schroder's correspondent bank in India that lead to Transea placing 50 cases of goods on board a steamship. Transea proceeded to procure a bill of lading from the steamship company and received the customary invoices, which described the bristles requested by the letter of credit. The applicant alleged that Transea instead packed the fifty crates with worthless material and rubbish such as cowhair in order to replicate genuine merchandise and deceive Schwarz and the plaintiff.
Based on the applicant's allegations, Transea went on to draw a sketch under the letter of credit to the Chartered Bank and presented it as well the fraudulent documents…
References:
Gao, X. & Gao, X. (2002). The fraud rule in the law of letters of credit: a comparative study.
The Hague, Netherlands: Kluwer Law International.
"Sztejn v. J. Henry Schroder Banking Corporation et al." (n.d.). United Settlement. Retrieved August 23, 2012, from http://www.uniset.ca/other/cs6/31NYS2d631.html
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