O’Keeffe v. Snyder
Facts: 1946 Three paintings by the (P) were stolen from an art studio o (P) did not report the theft to the police o In 1972 she authorized her estate planner to report the theft to the Art Dealers Association of America 1976 O’Keefe discovered that Frank had sold her paintings to (D) o Frank claimed to get he the paintings from father who he did not know where they were from o Snyder says hse remembers painting in her fathers house in 1942-43 Stories do not match Issue: When did the cause of action accrue on the date of the theft or when the (P) had knowledge of the whereabouts of the painting? Rules: If a person makes reasonable effort to recover chattel, the statute of limitations tolls. Discovery Rule: a cuase of action will not accrue until the injured party discovers, or by exercise of reasonable diligence and intelligence should have discovered, facts which form the basis of a cause of action.
Replevin: an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention
Reasoning: The court ruled in favor of the discovery rule. This rule, if the (D) is looking for eth item, tolls the statute of limitations. So the court here wanted it remanded so that another court could judge whether her actions were enough to apply to the discovery rule.
Further: Trial court found that cause of action accrued on date of theft. Appellate court found that it might have accrued six years before date of suit if possession by the (D) satisfied elements of AD.