Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 16 of 16
Full-Text Articles in Law
Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute
Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute
Michigan Law Review
The question as to when, to prevent evasion of a statutory liability, a court will look behind a corporate entity in order to hold individual stockholders liable has been raised in two recent cases. The first, a federal case, involved the Detroit Bankers Company, a Michigan corporation formed for the purpose of holding and investing in bank stocks. Each corporate stock certificate of the holding company contained an "agreement" that the holder of the stock would be liable for his pro rata share of any assessment for which the corporation might become liable as a result of the failure of …
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Michigan Law Review
The declaration alleged that plaintiff's intestate, a tenant of the defendant, sustained fatal injuries from a fall on the grounds of the apartment house, caused by defendant's negligence with respect to the care of the premises. The action was begun one day before the statute of limitations would have run. Defendant gave notice that under Court Rule 41 she would examine the plaintiff as to the particulars of the event which constituted the cause of action. Plaintiff filed a motion to set aside this order, alleging that defendant's rights under the above rule were limited to discovery as to affirmative …
Supreme Court Procedure In Michigan, William H. Potter
Supreme Court Procedure In Michigan, William H. Potter
Indiana Law Journal
The papers constituting this symposium were addresses delivered to the Indiana State Bar Association at its Thirty-eighth Annual Meeting, Lake Wawasee, July 12 and 13, 1934.
Corporations-Qualifications Of Officers-Effect On Existing By-Laws Of Change In Statute
Corporations-Qualifications Of Officers-Effect On Existing By-Laws Of Change In Statute
Michigan Law Review
Corporate by-laws adopted under and following Act No. 84, Michigan Public Acts of 1921, required that directors be chosen from stockholders, the positions to become vacant should the directors dispose of their stock. In 1931 the statute was changed, now reading that "directors . . . need not be shareholders unless the articles so provide." The by-laws were not altered. Qualified directors subsequently disposed of their stock and petitioned the chancery court under the statute for dissolution of the corporation and appointment of a receiver. Appealing from an order granting that petition, creditors and stockholders of the corporation contended that …
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Michigan Law Review
In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Michigan Law Review
Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Michigan Law Review
On default of payments under a mortgage of a leasehold, the mortgagor and mortgagee agreed that the latter was to go into possession of the premises and manage them with a view to meeting the requirements of the mortgage. The mortgagor also executed a warranty deed of the premises to the mortgagee. On default of rent payments the landlord sued the mortgagee. Held, the defendant mortgagee was in possession merely as agent of the mortgagor and as such was not liable for the rent. Cleveland v. Detroit Trust Co., 264 Mich. 253, 249 N. W. 842 (1933).
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Michigan Law Review
The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …
The Equitable Lien As A Remedy For Breach Of Contract
The Equitable Lien As A Remedy For Breach Of Contract
Michigan Law Review
Modern decisions have developed the equitable lien as an important procedural device alongside the equitable remedies of constructive trust and subrogation, with both of which it is intimately connected. The equitable lien or charge, enforceable by foreclosure and sale, is in many situations the most convenient and flexible device for enforcing equitable obligations. A sphere of activity in which it has already proved useful, and in which its usefulness may increase, is in the field of breach of contract. The equitable lien here provides an intermediate ground between affirmative specific performance and complete rescission.
Contracts-Wagers - New Consideration
Contracts-Wagers - New Consideration
Michigan Law Review
Plaintiff and defendant were engaged in illegal stock transactions at the end of which plaintiff owed defendant $11,961.05 and defendant owed plaintiff $7,600.00. In making out the check for his debt, plaintiff deducted for the $7,600.00 and wanted to give only $4,361.05 because defendant's check for the former sum, although it had been mailed, had not yet cleared. On defendant's assurance that the check would clear and be paid, plaintiff added $7,600.00 to the check which he gave to the defendant. Defendant promptly cashed plaintiff's check and stopped payment on his own. In a suit for the $7,600, to which …
Corporations - Duty Of Director To Stockholder On Stock Exchange Sales
Corporations - Duty Of Director To Stockholder On Stock Exchange Sales
Michigan Law Review
The recent case of Goodwin v. Agassiz presents the problem of the duty owed by a director to existing and prospective stockholders in its most typical and difficult form. The defendants were president and general manager, respectively, as well as directors of the Cliff Mining Corporation which owned mineral lands in Northern Michigan. The stock of the corporation was listed on the Boston Stock Exchange. The defendants in their capacity of directors had knowledge of a geologist's report which forecast possible existence of copper deposits in the corporation's lands. The defendants were also directors of another mining corporation owning lands …
Highways - Underpass As Highway Use
Highways - Underpass As Highway Use
Michigan Law Review
The defendant was the owner of a gravel pit, separated from his railway shipping facilities by a highway, the fee of a portion of which was owned by the plaintiff. A bill was filed to restrain the construction under the highway of a passageway between the railroad and the gravel pit, permission for which construction had been granted by the state highway commissioner. The bill was dismissed, and on appeal, held, by an evenly-divided court, that the judgment be affirmed. Grand Rapids Gravel Co. v. William J. Breen Gravel Co., 262 Mich. 365, 247 N. W. 902 (1933).
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Michigan Law Review
With the development of the remittitur in the case of excessive verdicts, one would naturally expect the development of an analogous device for cases wherein the verdicts are inadequate. When the plaintiff moves for a new trial because of an inadequate verdict, a denial of the motion on the condition that the defendant agree to a certain increase in the verdict is perfectly analogous to the remittitur in form. But this device has not received the same wide acceptance as its counterpart. In cases in which the plaintiff has appealed this device has been condemned, while it has been approved …
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Michigan Law Review
Defendant Campbell assigned a contract to purchase land from the plaintiff to the defendant bank, the evidence being undisputed that the assignment was additional security for an existing indebtedness of Campbell. A printed form containing a promise by the assignee to pay the purchase price was used. The name of the assignee was left blank in order that the name of a prospective purchaser could be filled in if an anticipated sale materialized. In an action to foreclose the land contract the vendor asked for a deficiency judgment against the defendant bank. Held, that the vendor was not entitled …
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Michigan Law Review
The plaintiff, a 15-year-old boy, was employed by the manager of the defendant's store in delivering merchandise and in peddling bills. One cold day the manager asked the plaintiff to accompany him in the truck and deliver orders. Despite the boy's objection that it was "too stormy," the manager told him that he must go, that he would not have time to go home after warmer clothing, that he would be gone but a short time, and that "he would be all right." As a result of this trip, the plaintiff became seriously ill and now sues for damages on …
Searches And Seizures - Reasonableness Of Arrest - Use Of Evidence Secured Through Unreasonable Arrest- Statutory Changes
Michigan Law Review
Police officers patrolling Detroit streets in a radio-equipped police car stopped a taxicab in which defendants Stein and Massie were riding. From the statement of the court, the officers' attention was attracted to the cab "because it was 'driving pretty fast,' about 32 miles per hour." The police car pursued it for a block or more; as it drew abreast of the cab defendant Stein was seen to reach into his pocket as if to take something out and put it behind him. "There was something about the cab, probably aside from its speed, which suggested to officer Sullivan that …