FARMERS BANK v. SINWELLAN CORPORATION

No. 260.

367 A.2d 180 (1976)

FARMERS BANK of the State of Delaware, Defendant below, Appellant, v. SINWELLAN CORPORATION et al., Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided October 13, 1976.


Attorney(s) appearing for the Case

R. Franklin Balotti and Michael A. Meehan, of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

Morton R. Kimmel and Paul H. Spiller, Kimmel, Spiller & Bradley, P. A., Wilmington, for plaintiffs below, appellees.

Before DUFFY, Justice, MARVEL and BROWN, Vice Chancellors.


DUFFY, Justice:

Two questions are submitted for decision in this appeal from the Superior Court: (1) Is the corporate plaintiff required to comply with 8 Del.C. § 371 before it may maintain the action; and (2) Does the individual plaintiff have a cause of action under 6 Del.C. § 4-402?

I

The facts in which these questions arise are relatively simple and, for present purposes, are undisputed. Plaintiff...

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