Dismissal of the claim by Kappeler SA Tannery against Stutz regarding the payment of a "WIR transfer voucher"

Facts

Jean Stutz, former owner of Leder Asper company, handed over to Hans Eschmann, who took over the business, three undated "WIR transfer vouchers" without a named beneficiary, for a total amount of CHF 13,000. When Kappeler SA Tannery tried to cash these vouchers with the "WIR" Wirtschaftsring-Genossenschaft, it refused on the grounds that the Leder Asper company was no longer a member of "WIR" and no longer had a balance in its account. Kappeler SA Tannery then brought an action against Stutz to obtain payment of the CHF 13,000, considering the "WIR transfer voucher" as a negotiable instrument.

Considerations

The Federal Tribunal dismissed the appeal of Kappeler SA Tannery. It considered that the "WIR transfer voucher" is not a negotiable instrument, but at most a simple assignment. However, the assignment does not in itself confer on its beneficiary a right of recourse against the drawer if the drawee refuses the performance. Kappeler SA Tannery cannot therefore assert a direct claim against Stutz, the drawer of the "WIR transfer voucher", but only against Eschmann, the first beneficiary, if the latter has assigned his right arising from the underlying relationship to it.

The Federal…