Odonnell v. Western Nat. Bank of Casper

In resolving this appeal, we must address questions of the sufficiency of the evidence to sustain a theory of fraud and a theory of undue influence. Both of these theories were asserted as affirmative defenses to an action brought to recover the principal, interest and attorneys fees on two promissory notes. In addition, they were presented as independent grounds for affirmative relief in appropriate counterclaims. Another question we must address is when the statute of limitations on a claim against a bank for conversion of money in a depositors account starts to run. The district court held that the evidence of fraud and undue influence was not sufficient to justify submission of those issues to a jury. It also held that the statute of limitations on the claim of conversion began to run at the time the depositor was notified of the transfers from the depositors account, and, therefore, that cause of action was barred. We agree with these rulings and affirm the judgment of the trial court. - Page 1243