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Articles 1 - 27 of 27
Full-Text Articles in Law
Principal And Surety - Effect Of Release Of Principal Debtor With Reservation Of Rights Against Surety, Raymond H. Rapaport
Principal And Surety - Effect Of Release Of Principal Debtor With Reservation Of Rights Against Surety, Raymond H. Rapaport
Michigan Law Review
Plaintiff leased property to defendant, who in turn assigned his rights under the lease to one Garber, the latter assuming the covenants to pay rent and against commission of waste. Plaintiff did not release defendant from the lease. After the expiration of the lease plaintiff recovered judgment for $2,844.75 against defendant, for breaches of the covenants, and then recovered a similar judgment against Garber. Subsequently Garber paid the plaintiff $2,000, and plaintiff gave him a receipt acknowledging "full satisfaction of the judgment rendered against me in the within action. The receipt of said sum is not a release of any …
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Michigan Law Review
Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …
Mortgages - Recording - Effect Of A Mortgage Recorded In The Book Of Deeds, Paul M. Oberndorf
Mortgages - Recording - Effect Of A Mortgage Recorded In The Book Of Deeds, Paul M. Oberndorf
Michigan Law Review
An interest in certain land was mortgaged by the owners to the plaintiff in October, 1933. This same interest was subjected to a lien of certain judgment creditors recovered against the owners in July, 1936. The defendant, as assignee of the claim of the judgment creditors, claimed priority over the mortgagee by reason of the fact that the mortgage was delivered to the register for the purpose of being recorded as a deed and was in fact so recorded. The judgment creditors disclaimed all notice of this prior mortgage. The statutes of New Jersey provide that mortgages should be registered …
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Michigan Law Review
Plaintiff was forcibly ejected from defendant's theatre by defendant's employees and brought this action for damages for assault and battery. Defendant offered testimony attempting to justify the ejection on the ground that plaintiff was creating a disturbance. The trial judge instructed the jury that the question of plaintiff's conduct was immaterial and that a theatre owner could eject a patron at any time with or without cause. Held, that the instruction was erroneous. Despite the revocable character of the license granted by a theatre ticket a theatre owner does not have the right to eject a patron without cause. …
Executors And Administrators - Rights Of Creditors Of Legatee Or Distributee During Administration Of Decedent's Estate, Herbert R. Whiting
Executors And Administrators - Rights Of Creditors Of Legatee Or Distributee During Administration Of Decedent's Estate, Herbert R. Whiting
Michigan Law Review
In order to present a clear picture of the problem involved herein two assumptions must be made before proceeding further: (a) that it is desirable to subject to the claims of his creditors the interest of a legatee or distributee, providing certain procedural and administrative difficulties, subsequently to be considered, can be overcome; (b) that there is no realty in the decedent's estate.
Dower - Premarital Conveyance As Fraud On Dower, Michigan Law Review
Dower - Premarital Conveyance As Fraud On Dower, Michigan Law Review
Michigan Law Review
Decedent, seven days before his marriage to plaintiff, conveyed all his property to his nephew, the defendant. Plaintiff was not informed of the transfer until some time after the marriage. The property was worth $22,000, and decedent, who was at that time sixty-two years of age, was allowed to retain a life estate therein. Cancellation of a note for $2,904 owing from decedent to defendant served as consideration for the transfer. Held, the transfer was a fraud on dower since it was made without the knowledge of the intended wife for the purpose of defeating the interest which she …
Taxation - Optional Valuation Date Under Federal Estate Tax - Inclusion Of Income Received During Year After Decedents Death In The Valuation Of The Gross Estate, Jay W. Sorge
Michigan Law Review
The executors of three different estates elected the optional valuation date provided in the federal estate tax and were compelled, because of a Treasury regulation, to include rents, interest, and regular dividend payments received during the year after the decedent's death in their valuation of the gross estate. In actions to recover overpayment of the tax, the regulation was upheld by the lower federal courts, and the cases were brought to the Supreme Court by certiorari. Held, regular dividend, interest, and rent payments received by the estate between the decedent's death and the optional valuation date one year later, …
Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively
Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively
Michigan Law Review
Plaintiffs brought this appeal from a judgment dismissing an action to recover the attorney's fees and other expenses of the prosecution of a prior suit with defendant. In the former action plaintiffs had secured a decree requiring defendant to convey to them certain property which the defendant had withheld fraudulently and maliciously. In the present action defendant successfully had moved to dismiss on the grounds that attorney's fees as between original litigants were not recoverable and further that this claim was res judicata due to the prior suit. Held, one justice dissenting as defendant's intentional and wilful misconduct necessitated …
Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting
Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting
Michigan Law Review
After the marriage of the plaintiff to Victor Scheutz the latter's mother conveyed certain property to Victor and his sister, Viola, subject to an outstanding mortgage which the grantees assumed. Immediately after the completion of this transaction Victor and Viola, with plaintiff joining to release her dower, executed deeds of reconveyance to their mother. Thereafter Victor, Viola, and their mother, and plaintiff used the premises as a summer cottage until 1939, when plaintiff was granted a divorce. In 1932 upon request by the mortgagee for part payment of the mortgage debt plaintiff paid it in full. In this action, instituted …
Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield
Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield
Michigan Law Review
Defendant rented a farm from plaintiff under a written lease for five years and then held over under the same terms by an oral agreement. Plaintiff brought an action for arrearages in rent payments, claiming that the four-year statute of limitations on open book accounts was applicable, but defendant alleged that the two-year statute on oral contracts barred the action. Held, the two-year statute was applicable and barred the action. When rent is payable in specified monthly sums, the statute runs from the respective date when each installment falls due. Tillson v. Peters, 41 Cal. App. (2d) 671, …
Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz
Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz
Michigan Law Review
Defendant's testator had entered into a ninety-nine year lease with the plaintiff lessor, and shortly afterward, with the consent of the plaintiff, had assigned the lease to a corporation. The lease was renewable forever. Fourteen years later the original lessee died testate, leaving an estate of approximately $1,000,000. The lessor now seeks to have the court impound nearly all of the estate as security for future rent payments. At the time of suit there had been no default in rent installments. Held, plaintiff has no present cause of action. In the absence of any default in rent, mere privity …
Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom
Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom
Michigan Law Review
A local government district, finding itself hopelessly in debt, filed a petition for relief under Chapter IX of the Bankruptcy Act as amended. The municipal debt composition plan provided that bondholders would receive eight cents on the dollar. The evidence showed that a considerable quantity of bonds were bought by local landowners at much more than eight cents on the dollar, evidently for the purpose of being used in getting the approval of some such plan as proposed, in the expectation of an increase in value of their lands by improvements to be made by the debtor through a loan …
Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel
Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel
Michigan Law Review
Due to inability to make a living, the defendant and his family left their homestead in 1932 with the intention of re-occupying it as soon as they secured enough money to buy the necessary equipment to maintain themselves on the farm. In October, 1937, a judgment was recovered by plaintiff against defendant, execution was issued and levy made on the still vacant homestead, and a date of sale set for June, 1939. Defendant claimed homestead exemption. Held, that since it did not appear when, if ever, defendant would return to the homestead, the removal and seven years' absence was …
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Michigan Law Review
In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …
Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie
Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie
Michigan Law Review
Before December 16, 1940, John Smith could look complacently on the muddy creek flowing through his pasture, secure in the knowledge that the right to use the waters in that stream was his, free from any outside interference, so long as he had due regard for the rights of his neighbors. Now, however, John Smith would do well to examine the myriad regulations and provisions of the federal statutes before damming that creek to store up water for his cows during the dry season. It is entirely possible that his muddy creek would now be considered a "navigable" stream in …
Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover
Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover
Michigan Law Review
Lands set aside by statute as common property of the Chickasaw and Choctaw Indian tribes were, pursuant to an act of Congress, leased to one Gunther by mining trustees of the tribes. The lease contained covenants to pay "stipulated annual advance royalties," and also provided that no assignment should be made without the consent of the trustees "subject to the approval of the Secretary of the Interior." Defendant surety company executed a bond for the faithful performance of the terms of the lease, and the same was duly approved. Then Gunther, with the consent of the trustees, but not the …
Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review
Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review
Michigan Law Review
Defendant tenant held under a month-to-month tenancy. On September 12, plaintiff landlord served him with the requisite thirty-day notice to terminate the tenancy. On October 26, plaintiff was awarded possession by default judgment in summary proceedings before the circuit court commissioner. Defendant subsequently posted an appeal bond to stay execution and appealed to the circuit court. While the appeal was pending, plaintiff billed and collected the October rent and utility charges. Defendant claimed that this waived plaintiff's notice. Held, there was no waiver of notice since the Michigan statutes contemplate recovery of rent until the landlord obtains possession. Detroit …
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Michigan Law Review
A federal grant of public land to the city of San Francisco, on condition that the land be used for municipal production and distribution- of water and electricity, contained an express prohibition against the sale of electric energy to any private company for resale. The United States sought to enjoin the city from carrying out a contract with a private corporation whereby the latter distributed the electricity to consumers at rates set by the state railroad commission. The federal circuit court of appeals declared the relationship between the city and corporation was that of agency, rather than vendor and vendee. …
Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting
Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting
Michigan Law Review
Plaintiff brought an action to recover damages occasioned by certain letters, alleged to be false and malicious, written by the defendant of and concerning the title to plaintiff's property. Since the letters were written more than one year prior to the commencement of the action, defendant argued that the action was barred by a clause in the local statute of limitations providing that "actions for libel and slander shall be commenced within one year after the cause of action shall have accrued." On the other hand the plaintiff asserted that the case came under the statute's two-year limitation of actions …
Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.
Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.
Michigan Law Review
Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …
Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively
Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively
Michigan Law Review
Some 500 frontage owners in a certain described residential district entered into mutual covenants which stipulated against the sale to, or occupation of, such land by negroes. In an action to enjoin a breach of one of these covenants the defense was asserted that a condition precedent requiring ninety-five per cent of the frontage owners to sign the agreement had not been performed. On a trial of the merits it was found that only about fifty-four per cent of the frontage owners had actually signed. However, in a prior action, an owner, on behalf of herself and other like property …
Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin
Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin
Michigan Law Review
Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …
Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport
Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport
Michigan Law Review
Plaintiff sued upon an insurance policy, issued to her by the defendant, covering a building in which she was conducting a merchandising business. The building was owned in fee by the plaintiff's father-in-law, who had told the plaintiff that she might occupy it so long as she wished, and that he intended to deed it to her and her children. Held, plaintiff had an insurable interest in the building. Liverpool & London & Globe Ins. Co. v. Bolling, (Va. 1940) 10 S. E. (2d) 518.
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Michigan Law Review
Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Michigan Law Review
In 1923 the trust company entered into a transaction with the land company by which the land company borrowed $130,000 with which it purchased a city property for slightly less than that amount and gave title to the trust company as security for the loan. Through a series of loans later negotiated the trust company came to have an investment of $150,000 in the property. In 1926 the trust company made an agreement with the land company pursuant to which the trust company declared itself trustee of the property at an appraised value almost fifty per cent above the purchase …
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Michigan Law Review
Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …