Federal Deposit Insurance v. Ciaffoni

Opinion by

Hirt, J.,

This case was before the lower court on defendant’s motion for judgment on the pleadings, consisting in the Complaint, the defendant’s Answer, and the plaintiff’s Reply to New Matter. In entering judgment for the defendant the court adopted his contention that plaintiff’s claim is barred by the Statute of Limitations of March 27, 1713, 1 Sm. L. 76, 12 PS §31. With this conclusion we are unable to agree. More than a moral obligation is charged; facts imposing legal liability on the defendant are sufficiently pleaded.

These in substance are the plaintiff’s averments: Federal…