· 10/24/2002
Pero's Steak and Spaghetti House v. Lee
Citations
- 90 S.W.3d 614
- 2002 Tenn. LEXIS 460
- 2002 WL 31396724
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the policies of “certainty and finality” were best served by refusing to apply the discovery rule to claims for conversion of negotiable instruments
- holding proof of actual knowledge of facts giving rise to the cause of action is required to establish fraudulent concealment
- explaining that the discovery rule “tolls the running of the statute of limitations until the plaintiff knows, or in the exercise of reasonable care and diligence, should know that an injury has been sustained”
- declining to apply the discovery rule in cases involving the conversion of negotiable instruments
- noting the necessity under UCC principles, but “harsh” reality, of running the statute of limitations from the date the check is negotiated
- characterizing the discovery rule as an “equitable exception” to the statute of limitations
Source: CourtListener parenthetical corpus (CC0).
Judges: Drowota, III, Anderson, Birch, Holder, Barker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.