Legal Opinion

Hajoca Corp. v. Security Trust Co.

Superior Court of Delaware

Decided March 3, 1942PublishedCited by 15 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The relation of depositor and banker arises only out of contract, express or implied. A depositor may stipulate as to the manner in which or by whom the money in an account may be drawn out, or what funds may be deposited therein. In general, so long as no statute or *521other rule of law is violated, or the rights of third persons injuriously affected, the parties may contract as they see fit as to the terms and conditions by which the bank shall be bound.

In the instant case the terms of the contract of deposit are precise and certain. Expressly the…

2Cases cited3 opinions

  1. Radio Corp. of America v. Philadelphia Storage Battery Co.Supreme Court of Delaware · 1939
  2. Merchants' Bank v. National Capital Press, Inc.Court of Appeals for the D.C. Circuit · 1923
  3. Quaker Metal Co. v. Standard Tank Car Co.Superior Court of Delaware · 1923

3Cited by15 opinions

  1. Hibbert v. Hollywood Park, Inc.Supreme Court of Delaware · 1983
  2. Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
  3. McClain v. FaraoneSuperior Court of Delaware · 1977
  4. F.E. Myers Co. v. Pipe Maintenance Services, Inc.District Court, D. Delaware · 1984
  5. Ryan v. WeinerCourt of Chancery of Delaware · 1992

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