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· 2/24/1992

Compania Sud-Americana De Vapores S.A. v. IBJ Schroder Bank & Trust Co.

Citations

  • 785 F. Supp. 411
  • 17 U.C.C. Rep. Serv. 2d (West) 1050
  • 1992 U.S. Dist. LEXIS 1948
  • 1992 WL 35544

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that where the “fraudulent scheme is premised upon an inadequate fraud claim, allegations of mail and wire fraud must generally also fail”
  • holding “as a matter of law[] that [plaintiff’s] reliance on [defendant bank’s] alleged misrepresentations was unreasonable” where (1
  • finding no fiduciary relationship when plaintiff failed to establish “that the dealings between the parties were not arms length”
  • finding no fiduciary relationship when plaintiff failed to establish “that the dealings between the parties were not arm’s length”
  • information not in seller’s peculiar knowledge where plaintiff had access to the information and would have been able to discover the alleged misrepresentations with ordinary due diligence
  • “[W]hen matters are peculiarly within the knowledge of the defendant, a plaintiff may rely on defendant’s representations without prosecuting an investigation, as he has no independent means of ascertaining the truth.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kram

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.