Yates v. Trust Co. Bank

Cooper, Judge.

Appellant sued appellee to recover for the alleged conversion of her funds after appellee exercised its right of set-off and redeemed a savings certificate owned by appellant to satisfy a loan owed by appellant’s son. Appellant appeals from the trial court’s order granting appellee’s motion for judgment on the pleadings for failure to state a claim upon which relief can be granted. OCGA § 9-11-12 (b) (6).

“ ‘For the purposes of the [motion for judgment on the pleadings], all well-pleaded material allegations of the opposing party’s pleadings are to be taken as true, and all…