Logourl black
From our private database of 14,100+ case briefs...

Voest-Alpine Trading Co. v. Bank of China

United States District Court for the Southern District of Texas
167 F. Supp. 2d 940 (2000)


Facts

Bank of China (defendant) issued a letter of credit to finance Jiangyin Foreign Trade Corporation’s (JFTC) purchase of goods from Voest-Alpine Trading USA Corporation (Voest) (plaintiff). The letter stated that the letter’s terms would be subject to the Uniform Customs and Practice for Documentary Credits (UCP) 500. The letter incorrectly listed the beneficiary’s name as “Voest-Alpine USA Trading Corp.” and misspelled the destination port. Voest shipped the goods and presented to Bank of China the documents specified in the letter of credit. Bank of China notified Voest of several alleged discrepancies between the letter of credit and the presentation documents, including the inversion of “Trading” and “USA” in the beneficiary’s name; an additional misspelling of the destination port; and the addition of a “3” in the letter-of-credit number listed in one location in one of the documents. Bank of China also stated that it was contacting JFTC to see if JFTC wished to waive the discrepancies. Bank of China later returned the documents to Voest and refused to honor the letter of credit. Voest sued.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Gilmore, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 217,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.