Continental Insurance v. B & B Educator Sales, Inc.

On October 14, 1969, six days prior to expiration of the statute of limitations, plaintiff filed a complaint and summons against defendant corporation. On October 16, 1969, copies of the complaint and summons were served upon one of the defendant’s employees by a deputy sheriff. The defectiveness of this service of process upon defendant corporation is not disputed.

Plaintiff argues that the statute of limitations was tolled for a 90-day period despite defective service of process. Plaintiff relies on the 90-day freezing provision of MCLA § 600.5856(3) (Stat Ann 1962 Rev § 27A.5856[3]) which…