LETTER OF CREDIT - Steven J. Coker
From: Steven J. Coker
Date: September 27, 1998

Extracted From:
  by John Bouvier

LETTER OF CREDIT, contracts. An open or sealed letter, from a merchant in one
place, directed to another, in another place or country, requiring him that if a
person therein named, or the bearer of the letter, shall have occasion to buy
commodities, or to want money to any particular or unlimited amount, either to
procure the same, or to pass his promise, bill, or other engagement for it, the
writer of the letter undertaking to provide him the money for the goods, or to
repay him by exchange, or to give him such satisfaction as he shall require,
either for himself or the bearer of the letter....
   These letters are either general or special; the former is directed to the
writer's friends or correspondents generally, where the bearer of the letter may
happen to go; the latter is directed to some particular person. When the letter
is presented to the person to whom it is addressed, he either agrees to comply
with the request, in which case he immediately becomes bound to fulfill all the
engagements therein mentioned; or he refuses in which case the bearer should
return it to the giver without any other proceeding, unless, indeed, the
merchant to whom the letter is directed is a debtor of the merchant who gave the
letter, in which case he should procure the letter to be protested....
   The debt which arises on such letter, in its simplest form, when complied
with, is between the mandator and the mandant; though it may be so conceived as
to raise a debt also against the person who is supplied by the mandatory.
   1. When the letter is purchased with money by the person wishing for the
foreign credit; or, is granted in consequence of a check on his cash account, or
procured on the credit of securities lodged with the person who granted it; or
in payment of money due by him to the payee; the letter is, in its effects,
similar to a bill of exchange drawn on the foreign merchant. The payment of the
money by the person on whom the letter is granted raises a debt, or goes into
account between him and the writer of the letter; but raises no debt to the
person who pays on the letter, against him to whom the money is paid.
   2. When not so purchased, but truly an accommodation, and meant to raise a
debt on the person accommodated, the engagement, generally is, to see paid any
advances made to him, or to guaranty any draft accepted or bill discounted and
the compliance with the mandate, in such case, raises a debt, both against the
writer of the letter, and against the person accredited.... The bearer of the
letter of credit is not considered bound to receive the money; he may use the
letter as he pleases, and he contracts an obligation only by receiving the

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