HOLLYWOOD v. FIRST NAT. BANK OF PALMERTON


859 A.2d 472 (2004)

Estate of Cletus J. HOLLYWOOD, James C. Hollywood, D.B.N.C.T.A. and James C. Hollywood, Appellants v. FIRST NATIONAL BANK OF PALMERTON, First Union National Bank and Citizens Bank and Trust Company, Appellees.

Superior Court of Pennsylvania.

Filed August 19, 2004.

Reargument Denied October 27, 2004.


Attorney(s) appearing for the Case

Joseph C. Hollywood, Easton, for appellants.

James A. Wimmer, Palmerton, for Citizens Bank, appellee.

Marianne J. Gilmartin, Scranton, for First Union National Bank, appellee.

Carl J. Poveromo, Scranton, for First Union National Bank of Palmerton, appellee.

Before: TODD, PANELLA, and JOHNSON, JJ.


OPINION BY JOHNSON, J.:

¶ 1 In this appeal, we consider whether the limitations periods established under Uniform Commercial Code (UCC) sections 3-118(g) and 4-406(f) apply mechanically to bar actions for conversion and related claims without regard to the alleged incapacity of the aggrieved party when the alleged conversion occurred. Plaintiff James C. Hollywood, Administrator of the Estate of Cletus J. Hollywood (the Estate), contends that mechanical application...

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