Hollywood v. First National Bank of Palmerton, 859 A.2d 472, 2004 PA Super. 321 (2004)

Carl J. Burkel Poveromo

Case Conclusion Date:August 19, 2004

Practice Area:Litigation

Outcome:Judgment Affirmed

Description:Estate brought conversion action against bank, alleging that bank allowed deceased's daughter to make unauthorized withdrawals from deceased's accounts, and deceased's son brought action against banks, alleging wrongful interference with testamentary expectancies. The trial court granted the bank's summary judgment on estate's claims and sustained demurrer on son's claim. Estate and son appealed.The Superior Court held that: (1] the trial court did not err in granting demurrer on son's claims against bank, and (2] discovery rule did not apply to toll limitations period for estate's claims for conversion and unauthorized payment of negotiable instruments