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39 Mich. 160

Stevenson v. Robinson

Michigan Supreme Court

Decided June 21, 1878

Michigan Supreme Court · decided 1878-06-21

Assumpsit by Mrs. Stevenson against Bobinson and Brooks who were claim agents, for bounty and back-pay due her on behalf of her son and collected by them. The general issue was pleaded with notice of the statute of limitations. Defendants had judgment below and plaintiff brings error.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-21

How this case has been cited

Cited by 8 later decisions — most recently February 2012

2 federal appellate · 5 state decisions

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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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Marston, J.

¶1The first question of importance in this case is whether the claim at the time action was brought, was not barred by the statute of limitations. It clearly was, unless there was a fraudulent concealment within the meaning of Comp. L„ § 7159.

¶2There is no pretence whatever that either of. the defendants made any representations in relation to this claim, or that they or either of them concealed any fact from plaintiff’s knowledge. The claim is that one Pease, who was a clerk in the office of defendants and had charge of the collection of this claim, fraudulently concealed from her the fact that the .claim had been collected. Even if this were true it would be insufficient. The provisions of this section cannot be extended by construction to concealments made by persons other than those sought to be' charged in the action. If there was *161any fraudulent concealment it was that of Pease and not of these defendants who acted in entire good faith.

¶3The judgment must be affirmed with costs.

The other Justices concurred.
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