Allen v. Columbus Bank & Trust Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting an argument that the mismanagement of a trust is a continuing tort “inasmuch as the [Georgia] Supreme Court has ruled that the continuing tort theory is applicable only to cases involving personal injury”
• cause of action for breach of fiduciary duty accrues each time defendant commits a wrongful act that causes appreciable damage
• cause of action accrued for beneficiary each time trustee made an investment that constituted mismanagement detrimentally affecting the beneficiary
• cause of action accrued for beneficiary each time trustee made an investment that constituted mismanagement detrimentally affecting the beneficiary
• statute of limitation on trust beneficiary’s fraud claim against trustee was not tolled by alleged fraud; even if yields reported in letter from trustee to beneficiary were fraudulent, beneficiary could have discovered true yields by reading account statements provided by trustee
• statute of limitation on trust beneficiary’s fraud claim against trustee was not tolled by alleged fraud; even if income yields reported in letter from trustee to beneficiary were fraudulent, beneficiary could have discovered true yields by reading account statements provided by trustee

Source: CourtListener parenthetical corpus (CC0).