Legal Opinion

Peake v. Fuller

Michigan Supreme Court

Decided April 24, 1900PublishedCited by 3 opinions

Error to Ionia; Davis, J. Assumpsit by J. Warren Peake, receiver of the Ionia, Eaton & Barry Farmers’ Mutual Fire-Insurance Company, against George S. Fuller, to recover an assessment on a policy. From a judgment for plaintiff, defendant brings error.

1Per curiam

The facts in this case are like the facts in Peake v. Yule, ante, 675 (82 N. W. 514), and that case is controlling of the present, except one other question is here raised. It is claimed by the defendant that the action is barred by the statute of limitations. We think *685not.' That question is controlled by the case of Wardle v. Hudson, 96 Mich. 432 (55 N. W. 992). The statute did not begin to run until the time the assessment was made. See Smith v. Bell, 107 Pa. St. 352.

The judgment must be affirmed.

2Cases cited2 opinions

  1. Wardle v. HudsonMichigan Supreme Court · 1893
  2. Peake v. YuleMichigan Supreme Court · 1900

3Cited by3 opinions

  1. Glass v. MacNaughtonMichigan Supreme Court · 1939
  2. Whitlow v. MonroeMichigan Supreme Court · 1941
  3. Pratt v. BroadwellMichigan Supreme Court · 1909