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- New Jersey (2)
- Bailey v. Bailey (1)
- Bank of Amenca v. La Reine Hotel Corp. (1)
- Boat (1)
- Cast adrift (1)
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- Conditional sales agreements (1)
- Crude oil (1)
- Fire protection (1)
- Foreclosures (1)
- Industrial plants (1)
- Insolvency (1)
- Lightning (1)
- Partnerships (1)
- People's Savings & Trust Co. v. Munsert (1)
- Receiverships (1)
- Removals (1)
- Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co. (1)
- Uniform Conditional Sales Act (1)
- Wisconsin (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property
Michigan Law Review
Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Michigan Law Review
Plaintiff sought to foreclose a mortgage with an after-acquired property clause on an industrial plant in which were installed various pieces of machinery sold by the defendant vendors under a conditional sale to the mortgagor after the execution of the realty mortgage. The machinery was so attached as to become fixtures and was evidently necessary to the continuance of the enterprise, but was removable without damage to the building as it stood before the machinery was installed. It was held that the conditional vendors could remove the machinery. People's Savings & Trust Co. v. Munsert, (Wis. 1933) 249 N. …
Equity - Election Of Remedies - Proof Of Claim In Receivership
Equity - Election Of Remedies - Proof Of Claim In Receivership
Michigan Law Review
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …