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Full-Text Articles in Law

Municipal Corporations-Constitutional Debt Limit Dec 1930

Municipal Corporations-Constitutional Debt Limit

Indiana Law Journal

No abstract provided.


Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock Dec 1930

Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock

Michigan Law Review

On the insolvency of the Commonwealth Hotel Construction Co. and after, the creditors had been paid in full, there were assets on hand for distribution among the stockholders. The holders of partially paid stock requested that the assets be distributed in proportion to the amounts which the various stockholders had paid in. This in effect meant that the losses were to be proportional to the amounts paid in, instead of being proportional to the amounts which the stockholders had contracted to pay, and was resisted by the holders of fully paid stock as being inequitable. The chancellor (after holding in …


Corporations-Book Value Dec 1930

Corporations-Book Value

Michigan Law Review

A owned 500 shares of preferred stock which was subject to redemption, by the terms of the certificate of incorporation, at, the "book value of the stock as shown by the last annual statement of assets and liabilities of the company submitted to and approved by the board of directors." The board voted to redeem at a price which by reference to the statement was fixed at $323.21 per share. A's bill alleged among other things that this was an artificial and undervalued estimate; that the directors had fraudulently approved the statement for their benefit as common stockholders; that the …


Corporations-Dissolution-Distribution Of Assets Between Preferred And Common Stockholders Dec 1930

Corporations-Dissolution-Distribution Of Assets Between Preferred And Common Stockholders

Michigan Law Review

The Commonwealth Hotel Construction Co. became insolvent, and, after the creditors had been paid in full, the preferred and common stockholders disagreed to the distribution of the remaining assets. The articles of incorporation provided that the holders of preferred stock should be entitled to dividends at the rate of seven per centum per annum which should be cumulative "so that, if dividends for any past dividend period at the rate of seven per centum per annum shall not have been paid thereon or set apart therefor, the deficiency shall be fully paid or set apart, but without interest, before any …


Partnership-Dissolution By Death Of Partner Dec 1930

Partnership-Dissolution By Death Of Partner

Michigan Law Review

Suit was brought by holders of certificates of deposit against the defendants as partners in an insolvent private bank. At the trial plaintiffs amended their petition by alleging that though defendants called themselves a partnership, they were in law and fact a joint stock company. But they failed to strike out the first allegation. The articles of agreement provided for a manager and a financing committee and for transferable stock, but transferable only to those whom the committee might admit. Several of the shareholders were deceased previous to the time the liability was incurred by the manager, and the status …


International Standing In Court Of Foreign Corporations, Elvin R. Latty Nov 1930

International Standing In Court Of Foreign Corporations, Elvin R. Latty

Michigan Law Review

The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …


Business Trusts-Limited Liability Of Members Nov 1930

Business Trusts-Limited Liability Of Members

Michigan Law Review

The defendant company, established as a business trust, contracted a debt with the plaintiff who had full knowledge of a stipulation in the declaration of trust under which the defendant was organized limiting the liability of its members. He now attempts to hold the members to a personal and unlimited liability. Held, that although the court will not decide as to the legality of this so-called business trust, yet the plaintiff can not hold the defendant members to a liability as individuals since in dealing with the organization he had full knowledge of the intent of the members to …


Corporations-Domicile Of A Federal Corporation-United States Joint-Stock Land Bank Nov 1930

Corporations-Domicile Of A Federal Corporation-United States Joint-Stock Land Bank

Michigan Law Review

Plaintiff sought to recover a personal judgment against the defendant, a federal corporation, whose domicile and principal offices were, according to its charter, located in Chicago, Illinois. The corporation was authorized to transact business in contiguous states and it did transact business in Iowa, although it had no office, nor any agent or representative in that state. Suit was filed in the Iowa court and, after service of the original notice on the vice-president of the corporation in his office in Chicago, the lower court rendered judgment for the plaintiff. On appeal the Iowa supreme court reversed the decision and …


Constitutional Law-Usury-Corporations Nov 1930

Constitutional Law-Usury-Corporations

Michigan Law Review

The complainant corporation filed a bill in chancery to set aside the foreclosure of a mortgage on the ground of usury. Public Acts of Michigan, 1927, No. 335, pt. 2, c. 1, sec. 1, and pt. 2, c. 2, sec. 12, amending Public Acts, 1921, No. 84, provided that a corporation could not set up the defense of usury. The complainant contended that this statute was invalid, being class legislation and hence a violation of the "equal protection of the law'' clause of the Fourteenth Amendment to the federal Constitution. Held, that the classification was reasonable and did not …


Corporations-Basis For Preemptive Rights Nov 1930

Corporations-Basis For Preemptive Rights

Michigan Law Review

Defendant corporation's authorized capital stock consisted of 800 shares of common stock, 76 shares of which remained unissued. Over the objection of the plaintiff, the directors of the corporation authorized the issue of 50 shares of the 76 to a salesman in satisfaction of a debt due him from the corporation, the remaining 26 shares to one of the directors for cash with which to meet corporate indebtedness. No contest for corporate control was afoot. No opportunity was given to the shareholders generally to purchase such shares. Later the faction of the individual defendants to whom said 26 shares had …


Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds Nov 1930

Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds

Michigan Law Review

The Connecticut court in a series of recent cases has cast considerable doubt on the negotiability of bonds containing provisions for payment without deduction for taxes and for refunding of personal property taxes paid by the holder on account of the instrument. In Mechanic's Bank v. Johnson it held a promissory note containing a promise to pay taxes assessed against the instrument non-negotiable on the ground that the amount was uncertain. In Mazurkiewicz v. Dowholonek it held unconstitutional an act, passed after the earlier decision, establishing the negotiability of such instruments already in circulation, on the ground that it impaired …


Corporations - Directors - Power Of Shareholders To Fill Vacancies Nov 1930

Corporations - Directors - Power Of Shareholders To Fill Vacancies

Michigan Law Review

One of a directorate of three having resigned in the middle of his term, a special stockholders' meeting was called to fill the vacancy, and defendant was elected to finish the term. The relator, a stockholder and director, brought a writ of quo warranto to oust the defendant on the ground that the Corporation Act (ch. 32, sec. 21, par. 5, Ill. Rev. Stat. Cahill, 1929) provided that "the directors shall fill all vacancies which may happen in the board * * * by death, resignation, or otherwise, until the next annual meeting of the stockholders," and that therefore the …


Uniform Business Corporation Act And The Uniform Stock Transfer Act, Anon Nov 1930

Uniform Business Corporation Act And The Uniform Stock Transfer Act, Anon

Washington Law Review

The following drafts of the Uniform Business Corporation Act and the Uniform Stock Transfer Act, submitted by a committee appointed for the revision of the corporation laws of the State of Washington, received the unanimous approval of the Washington State Bar Association at its last annual meeting, both in round table and general session.


Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland Jun 1930

Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland

West Virginia Law Review

No abstract provided.


Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland Apr 1930

Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland

West Virginia Law Review

No abstract provided.


Foreign Corporations-Jurisdiction Resulting From Business Done Within State Mar 1930

Foreign Corporations-Jurisdiction Resulting From Business Done Within State

Indiana Law Journal

No abstract provided.


The Limited Partnership In Indiana, Robert C. Brown Mar 1930

The Limited Partnership In Indiana, Robert C. Brown

Indiana Law Journal

No abstract provided.


Municipal Corporations-Evidence-Constitutional Law Jan 1930

Municipal Corporations-Evidence-Constitutional Law

Indiana Law Journal

No abstract provided.


Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs Jan 1930

Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Judicial Logic As Applied In Delimiting The Concept Of Business "Affected With A Public Interest", William C. Scott Jan 1930

Judicial Logic As Applied In Delimiting The Concept Of Business "Affected With A Public Interest", William C. Scott

Kentucky Law Journal

No abstract provided.