The FACTS that CONTROL THE JURISDICTIONAL ISSUE are NOT IN DISPUTE. MADURO CURIEL'S BANK is a NETHERLANDS ANTILLES BANK which ACTS as a CORRESPONDENT BANK for VARIOUS MIAMI BANKS. It received sale documents from FLAGSHIP BANK OF MIAMI, along with a sight draft and an airway bill for goods sold by plaintiff.

 


The FACTS that CONTROL THE JURISDICTIONAL ISSUE are NOT IN DISPUTE. MADURO CURIEL'S BANK is a NETHERLANDS ANTILLES BANK which ACTS as a CORRESPONDENT BANK for VARIOUS MIAMI BANKS. It received sale documents from FLAGSHIP BANK OF MIAMI, along with a sight draft and an airway bill for goods sold by plaintiff. Prior to that, the president of Oriental Imports had gone to CURACAO in the NETHERLANDS ANTILLES and obtained an order from JOSE FAERMAN COMPANY, a NETHERLANDS ANTILLEN CORPORATION. Oriental Imports had then delivered certain sale documents (invoices, packing lists and a letter of authority) to Flagship Bank which forwarded them to defendant for delivery to the purchaser Jose Faerman Company upon receipt of payment for the goods. If the transaction had gone as planned, the customer would have made payment to MADURO CURIEL'S BANK, which would have notified its correspondent bank in Miami. The MIAMI bank would have then debited Maduro Curiel's account and credited the seller's account. Although some facts are disputed, it is clear that Jose Faerman Company eventually received possession of the goods, and that no payment was ever made to Orie.

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