GF CO. v. Pan Ocean Shipping Co., Ltd.
Opinion
Opinion
Gadbois, J.
ORDER
On February 10, 1992, this Court heard plaintiff’s motion for summary judgment or in the alternative for summary adjudication of issues. Dennis Seider of Seider & Cohan appeared for plaintiff The GF Company. David E.R. Woolley of William, Woolley, Cogswell, Nakazawa & Russell appeared for defendant Pan Ocean Shipping Company, Ltd. Having considered the papers submitted in support of and' in opposition to this motion, the arguments of counsel, and the entire record herein, the Court GRANTS plaintiffs motion for summary judgment for the reasons expressed below.
I.BACKGROUND
This is a case about wood. Plaintiff GF Company (“GF”) purchased wooden doors-kins from Pyramid Trading Company (“Pyramid”), a supplier in Taiwan. The Cargo, packed into 406 cartons, was shipped aboard the “Pan Queen,” a vessel owned and operated by defendant Pan Ocean Shipping Co., Ltd. (“Pan Ocean”). The cargo was purchased pursuant to a letter of credit issued by the Banque Indo-suez. This letter of credit required Pyramid to present “clean on-board ocean bills of lading” before Banque Indosuez would render payment.
The Pan Queen set sail on October 18, 1988 and discharged its cargo in Charleston,…