Legal Opinion

Atlantic Refining Co. v. Ingalls & Co.

Superior Court of Delaware

Decided July 1, 1936No. Action on a Contract of Guaranty, 52PublishedCited by 12 opinions

1Opinion of the Court

Harrington, J.,

delivering the opinion of the Court:

This case is before us on a demurrer to the plaintiff’s declaration, and involves the determination of whether it states a cause of action against the defendant company.

A corporation necessarily acts through its agents, but, as a general rule, it is sufficient to merely allege that the acts on which a plaintiff’s cause of action against it is based were the acts of the corporation, and it is not necessary to allege that they were done through its authorized agents. Buffalo Lub. Oil Co. v. Standard Oil Co., 42 Hun (N. Y.) 153, 154; Mechanics’…

2Cases cited4 opinions

  1. Joseph Greenspon's Sons Iron & Steel Co. v. Pecos Valley Gas Co.Superior Court of Delaware · 1931
  2. Hall v. Auburn Turnpike Co.California Supreme Court · 1865
  3. Outing Kumfy-Kab Co. v. IveyIndiana Court of Appeals · 1919
  4. Williams v. the Ravanna BankMissouri Court of Appeals · 1926

3Cited by12 opinions

  1. Prairie Capital III, L.P. v. Double E Holding Corp.Court of Chancery of Delaware · 2015
  2. Italo-Petroleum Corporation of America v. HanniganSupreme Court of Delaware · 1940
  3. Petition of Mulco ProductsSuperior Court of Delaware · 1956
  4. Colish v. Brandywine Raceway AssociationSuperior Court of Delaware · 1955
  5. Colvocoresses v. W. S. Wasserman Co.Superior Court of Delaware · 1937

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