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Full-Text Articles in Law
Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment
Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment
Michigan Law Review
A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to …
Corporations - Insolvency - Statutes Giving Priority To Wage Claims
Corporations - Insolvency - Statutes Giving Priority To Wage Claims
Michigan Law Review
Statutes giving liens or preferences to wage claims upon the insolvency of corporations are found among the laws of many states. In reference to the priority established, these statutes can be divided into three classes: those specifically stating that the lien or preference created shall be prior to all other claims not secured by specific liens, those specifically stating that wage claims shall be superior to all other claims upon the property of the corporation, including mortgages, and those making wage claims a lien or preferred debt to be paid "before any other debt or debts." Under this last type …
Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker
Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker
Michigan Law Review
H gave W his note in blank with authority to fill it in at $50,000 when she wished, the note representing W's interest in their joint property. W filled in the blanks after H's death and sued H's estate on the note. Held, the authority to fill in was not revoked by H's death, for it was a power coupled with an interest. In re Ferrara (N. J. 19 3 l) 156 Atl. 265.
Bills And Notes - Waiver Of Presentment And Notice Of Dishonor
Bills And Notes - Waiver Of Presentment And Notice Of Dishonor
Michigan Law Review
The defendant was an accommodation indorser on a demand note without interest. Almost three years after date of the note the holder notified defendant that repeated attempts had been made to secure payment from the maker, but without avail, and that the defendant was expected to pay. This resulted in a conversation between holder and defendant in which defendant indicated that it was not convenient for him to pay the note, and some discussion occurred as to the defendant's giving collateral security and an effort on his part to get some protection from the maker, the holder allowing the note …
Corporations - Issue Of Stock
Michigan Law Review
The Eastman Kodak Company, a New Jersey corporation, entered into a contract with Vereinigte Fabriken Photagraphischer Papiere of Dresden, a German corporation, whereby it was agreed that the German company would discontinue the manufacture and sale of "Collodion papers" in North America, Great Britain, France, Spain, and Portugal and that those territories would be given over exclusively to the Eastman Company for the manufacture and sale of this paper. In consideration of this concession the Eastman Company issued 28,450 shares of its no par stock to the German company. This stock was later seized by the United States Alien Property …
Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock
Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock
Michigan Law Review
The plaintiff brought suit to recover the value of a promissory note for which the defendant had pledged corporate stock as collateral security. Defendant filed a counterclaim for the depreciation in value of the stock between the time he had requested the plaintiff to sell and the time of bringing the suit. Held, that plaintiff was not liable for the depreciation of the stock since the pledgor had made no offer to pay pledgee such sum as would together with the price for which the stock could have been sold satisfy the note. People's Nat. Bank & Trust Co. …
Equity-Injunctions - Enjoining Police Officers
Equity-Injunctions - Enjoining Police Officers
Michigan Law Review
The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …
Municipal Corporations - Validity Of Setback Ordinances In Improved Districts
Municipal Corporations - Validity Of Setback Ordinances In Improved Districts
Michigan Law Review
Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street …
Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper
Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper
Michigan Law Review
Insolvency statutes of a majority of American states and the bankruptcy acts of the United States and England allow a preference to the claims of employees for wages accruing prior to the employer's insolvency or bankruptcy. Related types of legislation such as statutes creating an absolute lien on the employer's property to secure payment of wages, giving a preference to the employees of a deceased employer in the administration of his estate, exempting the wages of laborers from attachment or garnishment, making stockholders of a corporation individually liable for debts representing wages due employees, allowing employees to interpose their claims …
Damages - Death Of Minor Child Caused By Negligent Act
Damages - Death Of Minor Child Caused By Negligent Act
Michigan Law Review
The defendant's negligence, resulting in the death of a child four years and nine months old, caused the jury to assess damages at $4,500 in an action brought for the benefit of the parents pursuant to the terms of the Death Act, (2 N. J. Comp. Stat. 1907, 1908 (1910)) which provides that "in every such action the jury may give such damages as they shall deem fair and just with reference to the pecuniary injury resulting from such death . . . . " On appeal, the supreme court held the damages excessive, and reduced the amount of recovery …
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Michigan Law Review
Plaintiff sued to foreclose a mortgage on a hotel. Defendants were vendors of various pieces of hotel equipment, who apparently had filed title-retaining contracts subsequent to the recording of the realty mortgage. The court found that some of the equipment was not attached to the realty at all, and that the rest could be removed without material in jury to the "freehold." Held, that the title of the conditional vendors prevailed, under N. J. Comp. Stat. supp., secs. 182-93. Bank of America National Ass'n. v. LaReine Hotel Corp. (N. J. 1931) 156 Atl. 28.