· 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 CourtListenerSourced 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.