Strassburg v. Citizens State Bank

KONENKAMP, Justice.

[¶ 1.] In this appeal, we examine whether an attorney’s purported misrepresentation of fact to an adversary may toll the statute of limitations. When plaintiff accused Citizens State Bank of converting his money, the Bank’s attorney admitted it had “setoff” funds, but only a fraction of the amount plaintiff claimed. Relying on this statement, plaintiff brought no action against the Bank for ten years, until after he received word it may have’ taken considerably more money. The circuit court granted summary judgment for the Bank, concluding plaintiffs claim was barred by the…