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Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Michigan Law Review
Defendant contracted with plaintiff to grade an athletic field. The contract required all questions subject to arbitration thereunder to be submitted to statutory arbitration at the choice of either party. A dispute arose and at the plaintiff's demand three arbitrators were selected as provided in the contract. Plaintiff sued to collect an award granted in his favor. Defendant objected that both the contract of submission and the proceedings fell far short of the statutory requirements. Held, though the parties agreed to arbitrate under the statute, the proceedings pursuant to the contract fell so far short of statutory requirements that …
Annuities - Satisfaction Of Prior Deficiencies From Income Surplusages Of Subsequent Years, Edward H. Adams
Annuities - Satisfaction Of Prior Deficiencies From Income Surplusages Of Subsequent Years, Edward H. Adams
Michigan Law Review
Testatrix left her estate in trust for the purpose of paying certain sums of money annually to named beneficiaries. In a codicil to her will, she provided that in case there was insufficient income to meet expenses and pay all annuities stated, certain of the beneficiaries were to be preferred. Deficiencies occurred so that all sums were not paid, but subsequently there was surplus income which the trustees desired to apply to the prior deficiencies. Held, one justice dissenting, that the surplus after paying the annuities for the present year could be applied to the deficiencies which had occurred …
Insurance - Fire Insurance - What Is A Fire Loss, Michigan Law Review
Insurance - Fire Insurance - What Is A Fire Loss, Michigan Law Review
Michigan Law Review
Plaintiff's merchandise was insured by defendant against direct loss or damage caused by fire. In 1937 the Ohio River overflowed its banks and water entered the premises in which the assured stored his goods. While the employees of the assured were removing the goods to higher floors for protection against the flood, a near-by gasoline tank exploded and started a fire some five hundred yards from the building. The fire threatened destruction to the whole area, and in an effort to prevent this ruin, the fire department ordered the employees to quit their work because of the possible necessity of …
Adoption -Trusts-Wills- Adopted Child's Right To Take Under A Trust For "Issue", Michigan Law Review
Adoption -Trusts-Wills- Adopted Child's Right To Take Under A Trust For "Issue", Michigan Law Review
Michigan Law Review
The settlor established a trust with himself, his wife, and his four children as beneficiaries. Under the trust deed the property was to vest in the "lawful issue" of the settlor's children on the death of his last surviving child. Held, that the term "lawful issue" included the plaintiff (an adopted child of settlor's daughter). Walker v. Obrien, (C. C. A. 9th, 1940) 115 F. (2d) 956, cert. den. (U.S. 1941) 61 S. Ct. 829.
Wills - Provisions For Construction Of The Will By Umpire Named By Testator, Alfred I. Rothman
Wills - Provisions For Construction Of The Will By Umpire Named By Testator, Alfred I. Rothman
Michigan Law Review
Testatrix created a trust and bequeathed one-fifth of the income to her son W and to S, his wife, with a proviso that if S survived her husband such income should not be paid to her in case she remarried. S divorced Wand remarried. Under a clause in the will giving them the power to determine with finality any question as to the construction or administration of the will, the executors and trustees construed the will to mean that S was not to receive any further share of the income, that testatrix would consider the divorce and remarriage during …
Wills - Construction - Limitation Of Defeasance Clause, Herbert R. Whiting
Wills - Construction - Limitation Of Defeasance Clause, Herbert R. Whiting
Michigan Law Review
Testatrix died leaving as her only heirs at law and next of kin a son, Thomas, and a grandaughter, Malinda, to whom she devised her estate in approximately equal shares. At the time she executed her will Thomas was twenty-two years of age and unmarried and Malinda was eleven. The principal case turns on the construction of a clause in her will, devising a parcel of land to Malinda, which reads as follows: "I give and bequeath ... the same to the said Malinda McK. Young and her children but if the said Malinda McK. Young shall die before she …
Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan
Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan
Michigan Law Review
For many years plaintiff and its predecessors used the name "Dougherty's" in marketing straight whiskey throughout the United States. In 1939 defendant, Edwin L. Dougherty, began selling blended whiskey in Pennsylvania, likewise using the name "Dougherty's," to dominate his labels, and in 1940, pursuant to a previously formed intention, plaintiff began selling blended whiskey under the same name. Plaintiff brought an action to enjoin defendant's use of the name "Dougherty's." Held, through plaintiff's prior use, the name "Dougherty's" had come to be associated by the purchasing public with plaintiff's whiskey; therefore defendant's use of the same name to dominate …