Farmers Bank v. Sinwellan Corporation

DUFFY, Justice:

Two questions are submitted for decision in this appeal from the Superior Court: (1) Is the corporate plaintiff required to comply with 8 Del.C. § 371 before it may maintain the action; and (2) Does the individual plaintiff have a cause of action under 6 Del.C. § 4-402?

I

The facts in which these questions arise are relatively simple and, for present purposes, are undisputed. Plaintiff, Sinwellan Corporation, has a checking account in the Farmers Bank of the State of Delaware, defendant. The gravamen of the complaint is that Farmers wrongfully dishonored certain checks drawn on…