Empire Financial Services, Inc. v. Bank of New York - In the Supreme Court of the State of Delaware

Empire Financial Services, Inc. v. Bank of New York

By In the Supreme Court of the State of Delaware

  • Release Date: 2008-03-19
  • Genre: Law
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Empire Financial Services, Inc. v. Bank of New York In the Supreme Court of the State of Delaware Book Review Score: ★★★★★ 5/5 stars

(1) This is Empire Financial Services, Inc.s second appeal after a jury found The Bank of New York (Delaware) liable for entering into a civil conspiracy with Empires former president. This Courts first decision describes the underlying facts. In brief, the Bank contracted with Empire, a collection agency, to attempt recovery of numerous unpaid debts. In 1997, Empires president stole most of the companys account records, and opened a new agency. The Bank then transferred its business to the new agency. At a trial on liability only, the jury found that the Bank conspired with the Empire president. The trial court determined that Empires claim was limited to contract damages, however, and entered a zero dollar judgment because the contract between Empire and the Bank was terminable at will. On appeal, this Court reversed, holding that Empire was entitled to recover the profits it would have earned from servicing the Banks accounts.

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