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Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Michigan Law Review
Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Michigan Law Review
Plaintiff, an administrator appointed by an Illinois probate court, brought suit in Michigan under the Indiana death act1 to recover for the wrongful death of decedent which resulted from an accident occurring in Indiana. The trial court sustained defendant's motion to dismiss on the ground that plaintiff had no standing to sue in a Michigan court. Held, reversed. The rule barring actions brought by foreign administrators does not apply to suits brought under the usual type of wrongful death act. Howard v. Pulver, (Mich. 1951) 45 N.W. (2d) 530.
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Michigan Law Review
Plaintiff, an administrator appointed by a Michigan court, brought action in New York to recover for the wrongful death in Michigan of his infant daughter. Defendant moved to dismiss on the ground that a foreign administrator had no standing to sue in New York without first obtaining ancillary letters. Held, motion denied. A foreign administrator, suing as a statutory trustee, is entitled to maintain action in New York on the strength of his original letters. Wiener v. Specific Pharmaceuticals, Inc., 298 N.Y. 346, 83 N.E. (2d) 673 (1949).
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Michigan Law Review
The case of University of Chicago v. Dater, recently decided by the Michigan Supreme Court, contains interesting and unusual problems in the field of conflict of laws. The University of Chicago had agreed to loan money to a Michigan resident, to be secured by Chicago realty. The note and trust mortgage were sent by plaintiff to a Michigan bank, as agent, which procured the signatures of defendant and her husband, and sent the papers back to plaintiff's agent in Chicago. Some question as to title to the land arose, followed by further negotiations, and nearly a month after the …
Conflict Of Laws-Which Law Governs The Essential Validity Of A Warrant Of Attorney To Confess Judgment Contained In Another Instrument
Michigan Law Review
Defendant executed a promissory note in Michigan which contained a warrant of attorney authorizing the confessing of judgment by an attorney of any court of record. By statute in Michigan, such a power must be in a separate instrument before a pro confesso judgment can be entered. Plaintiff, an indorsee of the note, got a judgment rendered on the note in Illinois by virtue of such authorization. He then brought suit in Michigan upon this Illinois judgment. Held, the validity of the power is governed by the law of the place of contracting and so a judgment rendered under …