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Full-Text Articles in Law
Bills And Notes - Post-Dated Checks - Criminal Liability
Bills And Notes - Post-Dated Checks - Criminal Liability
Michigan Law Review
The defendant was indicted for violating a statute which prohibited the drawing of a check with knowledge that funds were insufficient for payment. (Laws of S. D., 1923, c. 121.) The statute provided for abatement of any criminal prosecution upon the defendant's showing that he had an account with the drawee bank thirty days before the check was delivered and had no intent to defraud, and also paid the amount of the check and costs. It was also provided that the statute was inapplicable if the drawee honored the check. The defendant had drawn what is known as a post-dated …
Corporations - Rescission Of Contract Procured Through Fraud
Corporations - Rescission Of Contract Procured Through Fraud
Michigan Law Review
P purchased shares of stock in S Company through the fraud and misrepresentation of his agents in collusion with the agents of the S Company. Upon discovery of the fraud, P tendered back a number of shares equal to the number received by himself and his innocent associates. In the meantime, P had resold part of the shares at a higher price. Held, P must also tender the profit resulting from the resale and subsequent purchase of equivalent shares in a fallen market, together with any dividends paid on stock and interest from date of payment. Marr v. Tumulty …
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
Michigan Law Review
The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Michigan Law Review
On an exchange of property the defendant's agent, to induce the trade, fraudulently overvalued the defendant's property, and fraudulently undervalued certain taxes and assessments for which the plaintiff would be liable. Held, such statements by a vendor amounted to mere sales talk and opinion, and would be no basis for an action for fraud. Deshatreaux v. Batson (Miss. 1930) 131 So. 346.
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Michigan Law Review
The Bankruptcy Act of the United States provides for the preservation of liens against a bankrupt's property not specifically declared by the Act itself to be dissolved because of fraud or because obtained within four months prior to the filing of the petition in bankruptcy. A discharge in bankruptcy protects the bankrupt from personal liability but does not affect valid and subsisting liens. These may be enforced after the discharge is granted
Review: A Textbook On Law And Business, J. Wayne Ley
Review: A Textbook On Law And Business, J. Wayne Ley
Michigan Law Review
A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Michigan Law Review
Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Michigan Law Review
The plaintiff and the defendant, husband and wife, were tenants by the entireties in certain real estate. Fearing an action by a supposed creditor against the husband, they conveyed without consideration to a third person who subsequently conveyed to the wife. This was done on the advice of counsel. There was an oral understanding between the plaintiff and the defendant at the time of this conveyance that the husband's interest should be reconveyed in the same roundabout manner after any danger of suit had passed. Due to wise investments on the part of the wife this property became very valuable. …
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Michigan Law Review
The defendants, accountants, examined the books of the Stern Co., knowing that their balance sheet and 32 certified copies would be exhibited as a basis for future credit, but not knowing of the plaintiff particularly. Through negligence they failed to discover and report insolvency. Relying upon the report showing a solvent concern plaintiff extended credit to the Stem Co. He sued for his loss in two counts, negligence and fraud. Held, defendants had no duty to plaintiff to exercise due care, so he can not recover for negligence in the examination. But defendants might be liable for fraud as …
Property-Meander Lines As Boundaries
Property-Meander Lines As Boundaries
Michigan Law Review
In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …
Trusts - Cancellation - Beneficiaries As Necessary Parties
Trusts - Cancellation - Beneficiaries As Necessary Parties
Michigan Law Review
The plaintiff deeded property to the defendants in trust, for herself for life and on her death to certain named persons. Plaintiff sued the defendants alone for revocation on the ground of fraud and duress. Held, the issue of fraud could not be tried in the absence of the living cestuis. McKnight v. Bank of N. Y. & Trust Co., 254 N. Y. 417, 173 N.E. 568.
Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor
Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor
Michigan Law Review
The plaintiff, drawee, sued to recover money paid to the defendant on a certified check in which the name of the payee had been cleverly altered, and which had been indorsed and negotiated by the substituted payee. The plaintiff had certified the check prior to the negotiation to the defendant, an innocent purchaser for value. Held, that under sec. 62 of the N. I. L. the acceptor "engages that he will pay it [the instrument] according to the tenor of his acceptance; and admits, * * * 2. The existence of the payee and his then capacity to indorse"; …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.