Legal Opinion

Wilmington Trust Company v. Delaware Auto Sales

Supreme Court of Delaware

Decided November 4, 1970PublishedCited by 22 opinions

1Opinion of the Court

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 and paid for it with a personal check drawn on Wilmington Trust Company in the amount of $1550.00. Early the next morning, due to…

2Cases cited4 opinions

  1. Wright v. Trust Company of GeorgiaCourt of Appeals of Georgia · 1963
  2. Jones v. Approved Bancredit Corp.Supreme Court of Delaware · 1969
  3. Tropicana Pools, Inc. v. First National Bank of TitusvilleDistrict Court of Appeal of Florida · 1968
  4. Brotherton v. McWatersSupreme Court of Oklahoma · 1968

3Cited by22 opinions

  1. Bossuyt v. Osage Farmers National BankSupreme Court of Iowa · 1985
  2. Tpo Incorporated v. Federal Deposit Insurance Corporation, as Receiver of Eatontown National BankCourt of Appeals for the Third Circuit · 1973
  3. Max Munson v. American National Bank and Trust Company of Chicago, Max Munson v. American National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1973
  4. Chicago Title & Trust Co. v. WalshAppellate Court of Illinois · 1975
  5. Rezapolvi v. First National BankCourt of Appeals of Maryland · 1983

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