Brooks v. Savitch

OPINION

BARRON, Judge.

This case comes before the Court on Defendant’s Motion to Dismiss the Complaint pursuant to Superior Court Civil Rules 9(f) and 12(b)(6) on the grounds that Plaintiff’s claim is time barred under 10 Del. C., § 8106.1 A defense predicated on a statute of limitations may be brought by motion to dismiss when the complaint itself shows that the action was not brought within the statutory period. Patterson v. Vincent, Del.Super., 61 A.2d 416 (1948). With the exception as to whether the parties herein occupied the status of comakers or accommodation makers on the promissory…