Kahn v. Seaboard Corp.

How courts have described this case

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

• holding that the actionable wrong occurs when enforceable legal rights are created and the ongoing failure to rescind the transaction is not a continuing wrong
• holding, m the statute of limitations , context, that the wrong, if there was one, . . „ „ ,. . . . . , occurred when enforceable legal rights were created”
• recounting equitable considerations relied on by the Chancery Court in the past to prevent statutes of limitation from bar ring fiduciary claims
• listing specific performance of a contract as example of concurrent jurisdiction
• “[I]t is equally well settled that where the complaint itself alleges facts that show that the complaint is filed too late, the matter may be raised by defendants’ motion to dismiss.”
• where wrongful self-dealing is alleged in a derivative action, the statute does not run against the plaintiff until he or she knew or had reason to know the facts alleged to give rise to the wrong

Source: CourtListener parenthetical corpus (CC0).