General Electric Co. v. Kirkwood Industries, Inc.

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 in this section.”

The language in this statute is not exclusive. It does not restrict the parties who may properly make an affidavit of demand to the…