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Articles 31 - 37 of 37
Full-Text Articles in Law
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Cleveland State Law Review
In this paper we examine usury laws which thwart the thrift industry, particularly savings and loan associations, from entering fully into the needed home financing picture of the 1970's. If there is virtue in owning a home, be it a normal house, mobile home, condominium or a 99-year leasehold, (and the very basis of American life suggests that there is), and if the predicted housing boom is actually to occur, substantial changes should be made in laws which frustrate home financing.
The Law Of Overdrafts, William O. Morris
The Law Of Overdrafts, William O. Morris
Cleveland State Law Review
It is the intent in this article to examine the judicial decisions in which the courts of this country have been called upon to resolve the rights and liabilities of parties involved with the issuance, payment, and receipt of overdrafts of both depositors and non-depositors of the payor bank.
Bad Checks For The Price Of Goods, William E. Mccurdy
Bad Checks For The Price Of Goods, William E. Mccurdy
Cleveland State Law Review
A seller receives a check from the buyer for the price of goods. When presented to the bank on which it was drawn, payment is refused. The buyer may, or may not, have had sufficient funds on deposit at the time the check was drawn, but insufficient when refused now although becoming sufficient immediately after the check was presented. Or the buyer may have known or have had reason to know that there would be insufficient funds to meet the check. Or the buyer never had an account at the bank. Or the one obtaining the goods may give a …
Mortgage Theory Of Ohio, James Jay Brown
Mortgage Theory Of Ohio, James Jay Brown
Cleveland State Law Review
It will be the function of this paper to explore the theory of the real estate mortgage as it is being used in the confused state of Ohio. The theories will be identified and defined. From this academic introduction, practical uses of the theories will be suggested. This will be followed by an analysis of Ohio case decisions since 1929. The conclusion of this analysis will be a determination of whether the state has been consistent in its reasoning and theory.
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Cleveland State Law Review
A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …
The Credit Union Act Of Ohio, Rathuel L. Mccollum
The Credit Union Act Of Ohio, Rathuel L. Mccollum
Cleveland State Law Review
The Act governing credit unions incorporated under Ohio law is vague on numerous pertinent matters. Many of the statutory provisions are unreasonable, and some of them are meaningless for all practical purposes. It is the purpose of this article to discuss in detail various portions of the Act, in the light of actual experience in credit union work.
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Cleveland State Law Review
When the nation's 25th and 47th largest banks, The Union Trust Co. and the Guardian Trust Co. of Cleveland, cracked up in 1933, Ohio's Supreme Court cracked down on the violation of an old but little known rule of fiduciary law: the duty of undivided loyalty. Airing of the principles underlying the rule seems warranted. The rule necessarily is harsh, almost iron-clad. Defenses are few. A defendant inevitably cries on the court's shoulder the same old discredited excuses. Unless the court understands the reasons for the rule, such tears may sway it. Because violation is so costly, a client needs …