Legal Opinion

Acierno v. Worthy Brothers Pipeline Corp.

Supreme Court of Delaware

Decided April 17, 1995No. 009, 1994PublishedCited by 18 opinions

1Opinion of the Court

HARTNETT, Justice.

In this appeal, we hold that the Delaware common law doctrine of accord and satisfaction has not been displaced by the adoption in Delaware of § 1-207 of the Uniform Commercial Code (UCC).

I

We review the Superior Court’s decision, after trial, that Appellee, Worthy Brothers Pipeline Corporation (“Worthy”) was entitled to a judgment against Appellant F.A. Holdings, Inc. (“Holdings”), notwithstanding that Worthy negotiated a check from Holdings that purported to be payment in full for all claims of Worthy against Holdings.

We hold that the Superior Court erred in holding that…

2Cases cited38 opinions

  1. Levitt v. BouvierSupreme Court of Delaware · 1972
  2. Tricoche v. StateSupreme Court of Delaware · 1987
  3. In Re the Adoption of SwansonSupreme Court of Delaware · 1993
  4. State v. CephasSupreme Court of Delaware · 1994
  5. Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980

33 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Cede & Co. v. Technicolor, Inc.Supreme Court of Delaware · 2000
  2. Levy v. HLI Operating Co., Inc.Court of Chancery of Delaware · 2007
  3. Stigars v. StateSupreme Court of Delaware · 1996
  4. Smith v. GuestSupreme Court of Delaware · 2011
  5. A.W. Financial Services, S.A. v. Empire Resources, Inc.Supreme Court of Delaware · 2009

13 more not listed; retrieve them via the Exa API.

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