ALLIED AUTO SALES, INC. v. PRESIDENT, ETC., FARM. BANK


216 A.2d 666 (1966)

ALLIED AUTO SALES, INC., Plaintiff Below, Appellant, v. The PRESIDENT, DIRECTORS AND COMPANY OF the FARMERS BANK OF the State of DELAWARE, Defendant Below, Appellee.

Supreme Court of Delaware.

January 26, 1966.


Attorney(s) appearing for the Case

Nathan P. Michlin, Wilmington, for plaintiff below, appellant.

James T. McKinstry, of Richards, Layton & Finger, Wilmington, for defendant below, appellee.

CAREY and HERRMANN, JJ., and MARVEL, Vice Chancellor, sitting.


HERRMANN, Justice:

This is an action for the recovery of the amount of a check as to which the plaintiff depositor unsuccessfully attempted to stop payment, and in payment of which the defendant bank issued its cashier's check.

These facts are undisputed:

The plaintiff was engaged in the used automobile business and maintained a regular checking account with the defendant bank. In the course of its business, the plaintiff's president, Samuel Woloshin...

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