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MILFORD FERTILIZER COMPANY v. HOPKINS

C.A. No. 00C-05-046 JTV.

807 A.2d 580 (2002)

MILFORD FERTILIZER COMPANY, Plaintiff, Eric J. HOPKINS, Defendant.

Superior Court of Delaware, Kent County.

Decided: April 30, 2002.

Attorney(s) appearing for the Case

Glynis A. MacAnanny, MacAnanny & Gioia, LLP, Dover, DE, for Plaintiff.

John W. Paradee, Prickett, Jones & Elliott, Dover, DE, for Defendant.

OPINION

VAUGHN, Resident Judge.

This is an action on a promissory note. The defendant has moved for summary judgment, contending that the plaintiff's 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...

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