United States Sixth Circuit
JOHN HANCOCK FIN. SERV., INC. v. OLD KENT BANK, 02-1288/1307
In a case involving claims of common law conversion, UCC statutory conversion, and negligence, 1) the district court properly declined to apply UCC section 3-406's preclusion defense to plaintiff's conversion claim, 2) Michigan's Tort Reform Act does not apply to UCC conversion actions, and 3) the "discovery rule" does not apply where a party not engaging in fraudulent concealment asserts the statute of limitations defense.
Appellate Information
- Decided 10/10/2003
- Published 10/10/2003
Judges
Court
- United States Sixth Circuit