WILMINGTON TRUST COMPANY v. DELAWARE AUTO SALES


271 A.2d 41 (1970)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Defendant Below, Appellant, v. DELAWARE AUTO SALES, a business association of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

November 4, 1970.


Attorney(s) appearing for the Case

Rodney M. Layton and Jane R. Roth, of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

Jay H. Conner, of Conner & Daley, Wilmington, for plaintiff below, appellee.

CAREY and HERRMANN, JJ., and SHORT, Vice-Chancellor, sitting.


CAREY, Justice.

This is an appeal by Wilmington Trust Company, defendant below, from a judgment in Superior Court based upon a holding that plaintiff below, Delaware Auto Sales, was a holder in due course of a treasurer's check, issued but later cancelled by defendant, and was therefore entitled to the amount of the check with interest and costs.

The facts are essentially undisputed: Robert Hoopes, of Seaford, purchased a used car from Delaware Auto Sales...

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