Mutual Fire Insurance v. Phoenix Furniture Co.
Michigan Supreme Court
Error to Kent; Grove, J. Assumpsit by tbe Mutual Fire Insurance Company of Chicago against the Phoenix Furniture Company to collect an assessment upon certain premium notes. From a judgment for plaintiff, defendant brings error. The facts are stated in the opinion found in the margin, which was filed May 28, 1895, upon the first submission of the case, but which was withheld from publication pending a rehearing.
1Opinion of the CourtGrant, J.
After a full argument upon the rehearing of this cause, we are satisfied that we were in error in reversing the judgment. The testimony was not returned, and the case is before us on findings of fact and law, to which no exceptions were taken. The sole question, therefore, is, do the facts found support the judgment ?
*172We held, in Detroit, etc., Ins. Co. v. Merrill, 101 Mich. 393, that the defendants, under such a note, were not liable to an assessment for unearned or return premiums. That case would, of course, control this, unless the decree of the Illinois court is conclusive upon the courts…
2Cases cited17 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Mills v. DuryeeSupreme Court of the United States · 1813
- Sanger v. UptonSupreme Court of the United States · 1875
- Hawkins v. GlennSupreme Court of the United States · 1889
- Hanley v. DonoghueSupreme Court of the United States · 1885
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3Cited by14 opinions
- Straw & Ellsworth Manufacturing Co. v. L. D. Kilbourne Boot & Shoe Co.Supreme Court of Minnesota · 1900
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Knowlton v. City of Port HuronMichigan Supreme Court · 1959
- National Equipment Rental, Ltd v. MillerMichigan Court of Appeals · 1977
- Commonwealth Mutual Fire Insurance v. Hayden Bros.Nebraska Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.