MyKulak v. Collins

OPINION AFTER TRIAL

TAYLOR, Judge.

Plaintiff has sued upon two instruments signed by defendant and acknowledged before a Notary Public on February IS, *3141967.1 Defendant presented no evidence, but asserts the Statute of Limitations as a bar to recovery on each note.

Defendant contends that the applicable Statute of Limitations is 10 Del.C. § 8106, which bars action after the expiration of three years. Plaintiff contends that the claim comes within 10 Del.C. § 8108 which permits an action to be commenced within six years from the accruing of the cause of action. The action commenced April 12,…