Peake v. Fuller

Peake v. Fuller, 82 N.W. 847 (Mich. 1900)

Court: Michigan Supreme Court · State Highest Courts
Decided: April 24, 1900
Citations: 82 N.W. 847123 Mich. 6841900 Mich. LEXIS 890
Disposition: Affirmed.

Cited by 3

Headnotes

Mutual Insurance — Insolvency op Company —Receiver’s Assessment-Members’ Liability — Limitations. . Under 2 Comp. Laws 1897, § 7282, providing that the receiver of an insolvent mutual fire-insurance company shall proceed at once to assess upon the members and persons insured a sum sufficient to pay all the losses of the company together with the expenses of the receivership, the statute of limitations does not begin to run against the members’ liability until the assessment is made.

Summary

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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per 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 *685 not.' 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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State Highest Courts3

Relies on it most ⓘ

Pratt v. Broadwell124 N.W. 44 (Mich. 1909)
Glass v. MacNaughton289 N.W. 177 (Mich. 1939)
Whitlow v. Monroe296 N.W. 314 (Mich. 1941)

Most recent

Whitlow v. Monroe296 N.W. 314 (Mich. 1941)
Glass v. MacNaughton289 N.W. 177 (Mich. 1939)
Pratt v. Broadwell124 N.W. 44 (Mich. 1909)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Wardle v. Hudson, 55 N.W. 992 (Mich. 1893)	12
	Peake v. Yule, 82 N.W. 514 (Mich. 1900)	5

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