Article

Factual Summary:

The applicant provided the issuer with a personal guaranty to secure the issuance of a letter of credit. When a dispute erupted concerning the underlying contract, the applicant sought to enjoin enforcement of the letter of credit. The beneficiary, having presented conforming documents, cross-claimed against the issuer for wrongful dishonor.

The trial court denied injuncture relief and awarded summary judgment to the beneficiary on its wrongful dishonor claim and awarded the issuer summary judgment and the same amount, pursuant to the personal guaranty, against the applicant. On appeal, affirmed.


Legal Analysis:

1. Issuer's Obligation. Given the absence of letter of credit fraud and since none of the parties claimed that the presented documents did not comply with the terms of the letter of credit, the issuer is obligated to honor and had wrongfully dishonored when it failed to pay.

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