Kuehne & Nagel Ltd. v. Agrimax Ltd.

This was an action by a freight forwarder for payment of freight. The forwarder also had the “pen” of the NVOCC and was authorized to issue bills of lading on its behalf. The defendant argued that it was not liable for the freight because the forwarder refused to issue bills of lading with a date of loading different than the actual date of loading. The defendant required a different date to comply with the documentary requirements of a letter of credit. The Court held that the forwarder was absolutely right in refusing to amend the bill of lading and granted judgement to it. A subsidiary issue in the case was the proper date for conversion of foreign currency. The Court held that the proper date remained the date of breach and not the date of judgment.