Rheinberg Kellerei GmbH v. Brooksfield National Bank of Commerce Bank

Rheinberg Kellerei GmbH (Rheinberg) (plaintiff) sold wine to J&J Wine (J&J), with payment due upon arrival of the goods under a letter of collection sent through Rheinberg's bank, Edekabank (Edeka), to J&J's bank, Brooksfield National Bank of Commerce Bank (NBC) (defendant). NBC presented the letter to J&J before the wine's arrival, and J&J asked NBC to hold it while raising funds; NBC never notified Edeka or Rheinberg of this and never received notice that the wine had arrived. The wine sat unclaimed at the harbor, deteriorated, and was sold at auction by U.S. Customs. Rheinberg sued NBC for negligently failing to give notice of J&J's non-payment; the district court ruled for NBC, reasoning NBC had no duty to notify since payment wasn't yet due and it had no notice of arrival. Rheinberg appealed.