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· 3/31/1996

Cumis Insurance Society, Inc. v. Citibank

Citations

  • 921 F. Supp. 1100
  • 29 U.C.C. Rep. Serv. 2d (West) 915
  • 1996 U.S. Dist. LEXIS 3957
  • 1996 WL 148278

How courts have described this case

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

  • finding that a bank had sole discretion under Article 4A to cancel a payment order, even if it previously indicated that it would put a hold on a beneficiary’s account so they could not access the fraudulent payment
  • under Article 4-A, receiving bank has no obligation to agree to return funds once it has accepted payment order
  • “no allegation [beneficiary bank] was served with any creditor process, and therefore [bank] was entitled to make the funds available to [beneficiary]”
  • “A revocation is a clear manifestation of an intent not to perform, and once communicated to the offeree, terminates the offeree’s power to accept the offer.”
  • “A revocation is a clear manifestation of an intent not to perform, and once communicated to the offeree, terminates the offeree’s power to accept the offer.”) (citing Restatement (Second) of Contracts § 42 (1981
  • “[The plaintiff] does not state a claim because all of the acts alleged to constitute a conversion were specifically authorized under applicable provisions of the U.C.C. and were not wrongful, improper, or in contravention of [the defendant’s] rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Koeltl

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.