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GENERAL ELECTRIC CO. v. KIRKWOOD INDUSTRIES, INC.

287 A.2d 759 (1972)

GENERAL ELECTRIC COMPANY, a New York corporation, Plaintiff, v. KIRKWOOD INDUSTRIES, INC., a Delaware corporation, Defendant.

Superior Court of Delaware, New Castle.

January 19, 1972.

Attorney(s) appearing for the Case

Walter P. McEvilly, Jr., Wilmington, for plaintiff.

Eduard F. von Wettberg, III, Wilmington, for defendant.

STIFTEL, President Judge.

Plaintiff moved to strike defendant's second affirmative defense on the basis that its affidavit of demand was not executed by a properly authorized person. The affidavit was signed by R. S. Dunkle, District Credit Manager for the Mid-Atlantic Hotpoint Division of plaintiff corporation.

10 Del.C. § 3910 provides:

"In case of a suit by or against a corporation, the affidavit by the cashier or treasurer shall be sufficient...

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