Conway v. Plank

Defendant moves to dismiss the complaint herein on the ground that the action at the time of its ccmmencment was barred by the Statute of Limitations.

The company was dissolved by order of June 28, 1923, wherein the rights and liabilities of policyholders, creditors and others were fixed as of July 12, 1923.

The assessment for which the action is brought was made by the liquidator on May 29, 1924, thereafter presented to the court and confirmed by order of June 24, 1925. This action was commenced on December 7, 1929.

A cause of action accrues when the plaintiff first becomes entitled to maintain…