MILFORD FERTILIZER COMPANY v. Hopkins

OPINION

VAUGHN, Resident Judge.

This is an action on a promissory note. The defendant has moved for summary judgment, contending that the plaintiffs claim is barred by 10 Del. C. § 8109, which reads as follows:

When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.

The plaintiff concedes that this action was not filed within six years from the time the action accrued. In addition, the parties agree that…