A custom allowing indemnity substitution was established beyond dispute

Evidence

We are not entirely clear as to the meaning of the final sentence of finding 13. If it means that the issuer of credit is free to reject the tendered guaranty if doubts are entertained regarding the guarantor’s financial responsibility or the sufficiency of the form of the document, it is not inconsistent with the custom stated in the first sentence and may be disregarded; in these respects Chase Bank was satisfied with the guaranty tendered by Guaranty Trust Company. But if it means that even when so satisfied the bank issuing the credit may reject the tendered guaranty and r efuse to a ccept the &aft, it is inconsistent with the stated custom and is unsupported by the evidence. Numerous witnesses, experts in the fields of banking and of commerce, testified to the existence of the custom; not one testified to a single insiance where a tender such as was here made had been rejected and thed-aft dishonored solely on the ground that the set of bills of lading was incomplete. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 865

Categorization

• XREF: connects to: French law allowed native courts to override custom deemed immoral; A small commercial dispute took three years to reach formal administrative decision — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1460

Broader Connections

• French law allowed native courts to override custom deemed immoral #exemplifies (0.78)