Tobias v. Celler

Two motions by defendants to direct in their favor judgment on the pleadings. It is the contention of the defendants that the amended complaint sounds in breach of a fiduciary trust as well as in fraud and that any claim based upon the former is outlawed. There is no dispute that the Statute of Limitations expired as to any action for violation of a trustee’s duty before this suit was instituted.

It is plaintiff’s contention that she is suing for misrepresentation and nothing else. She argues that if, in the course of pleading her claim, resort is had to expressions which point to a breach by…