Legal Opinion

Ionia, Eaton & Barry Farmers' Mutual Fire Insurance v. Otto

Michigan Supreme Court

Decided July 26, 1893PublishedCited by 7 opinions

Error to Eaton. (Person, J., presiding.) Assumpsit. Defendant brings error. The facts are stated in the opinion.

1Opinion of the CourtHooker, C. J.

The defendant took a policy of insurance in the plaintiff company on January 5, 1884, and remained a member until November 16, 1889, when he surrendered it for cancellation. ' The entry of cancellation was made in the company’s books upon the same day. At this time, defendant had paid his proportion of all assessments previously made, which covered no items after December 31, 1888. On January 15, 1890, an assessment was made to cover losses and expenses of 1889, which defendant paid. Subsequently, another assessment was made, as follows: For a deficiency in 1887, arising from error, mistake,…

2Cases cited3 opinions

  1. Hyde v. . LyndeNew York Court of Appeals · 1850
  2. Union Mutual Fire Ins. v. SpauldingMichigan Supreme Court · 1886
  3. Tolford v. ChurchMichigan Supreme Court · 1887

3Cited by7 opinions

  1. Ionia, Eaton & Barry Farmers' Mutual Fire Insurance v. DavisMichigan Supreme Court · 1894
  2. Nichol v. MurphyMichigan Supreme Court · 1906
  3. Seamans v. Millers' Mutual InsuranceWisconsin Supreme Court · 1895
  4. Peake v. YuleMichigan Supreme Court · 1900
  5. Ionia, Eaton & Barry Farmers' Mutual Fire Insurance v. OttoMichigan Supreme Court · 1893

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