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STRASSBURG v. CITIZENS STATE BANK

No. 20038.

581 N.W.2d 510 (1998)

1998 SD 72

Lyle STRASSBURG, Plaintiff and Appellant, v. CITIZENS STATE BANK, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for plaintiff and appellant.

Lee Magnuson, William F. Day, Daniel R. Fritz, of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice.

¶ In this appeal, we examine whether an attorney's purported misrepresentation of fact to an adversary may toll the statute of limitations. When plaintiff accused Citizens State Bank of converting his money, the Bank's attorney admitted it had "setoff" funds, but only a fraction of the amount plaintiff claimed. Relying on this statement, plaintiff brought no action against the Bank for ten years, until after he received word it may have taken...

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