Abraham v. National City Bank Corp.

50 Ohio St.3d 175, 553 N.E.2d 619 (1990)

Abraham misplaced her passbook and did not tell the bank that it was lost. After 13 years, she found her passbook and asked the bank about the status of her savings account. The bank said that they had no records of her account and that it must have been closed at least 6 years before the suit was filed.

Abraham sued the bank. The trial court dismissed the case holding that O.R.C. Sec. 1101.08 contains a 6-year statute of limitations. The Supreme Court agreed and held that 1101.08 permits banks to destroy certain records after 6 years and that the bank is protected from liability once records have been destroyed.