Peake v. Fuller

Decided April 24, 1900

Michigan Supreme Court · decided 1900-04-24

Assumpsit by J. Warren Peake, receiver of the Ionia, Eaton & Barry Farmers’ Mutual Fire-Insurance Company, against George S. Fuller, to recover an assessment on a policy. From a judgment for plaintiff, defendant brings error.

Relies on Wardle v. Hudson

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-04-24

How this case has been cited

Cited by 3 later decisions — most recently February 1941

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The facts in this case are like the facts in Peake v. Yule, ante, 675 (82 N. W. 514), and that case is controlling of the present, except one other question is here raised. It is claimed by the defendant that the action is barred by the statute of limitations. We think *685not.' That question is controlled by the case of Wardle v. Hudson, 96 Mich. 432 (55 N. W. 992). The statute did not begin to run until the time the assessment was made. See Smith v. Bell, 107 Pa. St. 352.

¶2The judgment must be affirmed.