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Articles 1 - 14 of 14
Full-Text Articles in Law
Contracts-Measure Of Damages-Life Insurance Contract, Howard Van Antwerp
Contracts-Measure Of Damages-Life Insurance Contract, Howard Van Antwerp
Michigan Law Review
When the plaintiff was expelled from defendant Brotherhood an insurance policy issued to the plaintiff by the defendant was canceled and the cash surrender value paid to him in accordance with the terms of his policy. The directors of the Brotherhood later decided that this expulsion had been wrongful, whereupon the plaintiff returned the cash surrender value of the policy and demanded the return of all premiums paid. When this demand was refused, the plaintiff sued to recover damages for wrongful cancellation of his policy. The trial court instructed the jury to return a verdict for the premiums paid with …
International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin
International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin
Michigan Law Review
Libelants, eleven Greek seamen, signed a contract in the United States for a voyage from this country to Spain on a Greek vessel. They were discharged when the ship reached Barcelona. The shipowners made advance payments to these seamen, as they had in the past, and deducted such payments when settlements were made in the United States at the end of the voyage, a practice contrary to a federal statute. Prior to libelants' return to the United States from Spain, where they had been properly discharged, suit was instituted in their behalf for wages. Respondents paid into court a sum …
Bills And Notes--Indorsement "For Deposit Only"--Effect On Negotiability, Stephen A. Bryant S.Ed.
Bills And Notes--Indorsement "For Deposit Only"--Effect On Negotiability, Stephen A. Bryant S.Ed.
Michigan Law Review
Defendant, in payment for goods purchased, drew two checks payable to W which W indorsed "pay to order of plaintiff bank for deposit only" and deposited with plaintiff. Plaintiff credited W's account with the amount of the checks, which sum was immediately withdrawn. Defendant then stopped payment of the checks as W failed to deliver the goods purchased; and, since W was bankrupt, plaintiff sought to recover the amount of the checks from defendant. Defendant sought to assert a defense which was good against W, on the theory that plaintiff, as restrictive indorsee, was merely a trustee for …
Bills And Notes-Liability Of Indorser After Statute Of Limitations Has Barred Action Against Marker, James F. Gordy S.Ed.
Bills And Notes-Liability Of Indorser After Statute Of Limitations Has Barred Action Against Marker, James F. Gordy S.Ed.
Michigan Law Review
Defendant company made a note which was indorsed personally by defendant Heiselt, its president. The lower court, in rendering judgment against defendant Heiselt personally, held that the statute of limitations had run in favor of the defendant company but that it had not run in favor of the defendant Heiselt, as his absence from the state during a portion of the period had tolled the statute as to him. On appeal, held, affirmed. Under section 120(3) of the N.I.L. there had been no "discharge of a prior party" which would allow one secondarily liable to escape liability. Upton v. …
Contracts-Effect Of Supervening Temporary Impossibility, Robert H. Frick S.Ed.
Contracts-Effect Of Supervening Temporary Impossibility, Robert H. Frick S.Ed.
Michigan Law Review
The plaintiff, a Japanese-owned corporation located in the United States, was operating under a limited license to do business granted under an executive order. On November 1, 1941, the plaintiff contracted to purchase from the defendant corporation 6,000 pockets of rice for delivery during November and December 1941 at the plaintiff's option. On December 7, 1941, the Secretary of the Treasury revoked all licenses issued under the executive order and the plaintiff's place of business was closed. Upon learning of this, the defendant corporation notified the plaintiff of his (defendant's) repudiation of the contract on December 9, 1941. On December …
Contracts-Validity Of "No Damage" Clause, Nancy J. Ringland
Contracts-Validity Of "No Damage" Clause, Nancy J. Ringland
Michigan Law Review
A "no damage" clause in a contract with a housing authority for the construction of a housing development provided that "no payment or compensation of any kind shall be made to the contractor for damages because of hindrance or delay from any cause in the progress of the work, whether such delays be avoidable or unavoidable." Contractor sought to recover from the housing authority for delay caused by arbitrary and unreasonable conduct of the authority. Held, the contractor could not recover unless the delay or hindrance was caused by fraud, bad faith, or malicious intent. Psaty & Fuhrman, Inc. …
Changing The Beneficiary Of A Life Insurance Contract, Grover C. Grismore
Changing The Beneficiary Of A Life Insurance Contract, Grover C. Grismore
Michigan Law Review
A cursory examination of the court reports will reveal that there is a constant stream of cases coming before our courts in which the principal questions at issue involve the disposition of the proceeds of matured life insurance policies. The question arises most often when the insured, having reserved the right to change the beneficiary, had manifested an intention that someone other than the beneficiary named in the policy should receive the proceeds, but had not complied with the formalities prescribed in his contract for effecting a change. Unfortunately, the answer to the question in the particular case has often …
Conflict Of Laws-Validity Of A Contract-Application Of Renvoi, R. Lawrence Storms S.Ed.
Conflict Of Laws-Validity Of A Contract-Application Of Renvoi, R. Lawrence Storms S.Ed.
Michigan Law Review
Plaintiff (British actor, James Mason) and defendant signed an agreement in England contemplating the formation of an American company for producing motion pictures. Plaintiff was to give his exclusive services to the company, and defendant was to make all financial arrangements and generally to manage the company. A dispute arose as to the legal effect of the agreement. Plaintiff won a judgment that the agreement was not a valid contract because of its indefiniteness as to essential terms. On appeal, held, affirmed. Mason v. Rose, (2d Cir. 1949) 176 F. (2d) 486.
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Michigan Law Review
The plaintiff leased property from the defendant for a term of years. The lease provided that the lessor should repair damage from fire and that "the tenancy shall not be terminated unless such repairs shall require more than ninety days." A fire occurred which damaged the property so badly that it could not be repaired within ninety days. The lessor took the position that the tenancy had automatically terminated with the occurrence of the fire. The lessee filed a bill for a declaratory judgment, claiming that under the terms of the lease he had the option either to terminate or …
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Michigan Law Review
In Standard Oil Company of California v. United States, the Supreme Court of the United States has given what appears to be a final and definitive answer to this question, although differing from what had formerly been thought to be the "final and definite answer." This comment will be centered on that case and its implications.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Michigan Law Review
Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Michigan Law Review
The recent decision of the Eighth Circuit Court of Appeals in Kistler v. Gingles, that a limited partner under the Arkansas Limited Partnership Act fails to avoid unlimited liability if the terms of the statute are not complied with, illustrates the inherent danger of the limited partnership. This statute, which is typical of the limited partnership statutes antedating the Uniform Limited Partnership Act, provides, in part, for an affidavit by one of the general partners stating that the sums which each limited partner proposes to contribute to the enterprise have actually and in good faith been paid into the …
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Michigan Law Review
Plaintiff, a wholesale liquor distributor, and defendant entered into a contract under which plaintiff agreed to place orders with defendant from time to time for all such wines as it might require under labels bearing plaintiff's own brand or trade name. Defendant agreed to fill these orders for a period of sixteen months, as well as orders for other wines bottled under labels not the exclusive property of plaintiff. As to the latter types of wine, however, plaintiff was expressly left free to purchase from others. When defendant refused to complete orders pursuant to this agreement, plaintiff brought an action …
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Michigan Law Review
The ambitious undertaking of the American Law Institute and the National Conference of Commissioners on Uniform State Laws to draft a "Uniform Commercial Code" includes a proposed revision of the Negotiable Instruments Law. This is not merely an attempt to patch up the present statute. It is virtually a complete rewriting. It includes many changes and additions in substance as well as a radical reorganization and rephrasing of language where no change in substance is designed. · It includes the much needed separation of the provisions relating to investment instruments such as corporate bonds from those relating to bills, checks, …