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Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service Nov 1934

Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service

Michigan Law Review

A street railway company, located in a city with a home rule charter adopted in accordance with the state constitution, petitioned the state railway commission and was granted authority to curtail its transportation by buses. The company had been in bad financial condition during recent years; the number of passengers carried had been substantially decreasing, and the company was not able to pay full interest on bonded debt. Upon the insistence of the city, the company had put bus lines in operation several years earlier and these had continually been operating at a deficit. Upon appeal, the court held that …


Actions-Declaratory Judgments-Jurisdiction To Grant Jun 1934

Actions-Declaratory Judgments-Jurisdiction To Grant

Michigan Law Review

A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which …


Contracts - Offer And Acceptance -Termination Of Offer By Subsequent Higher Bid Of Another Mar 1934

Contracts - Offer And Acceptance -Termination Of Offer By Subsequent Higher Bid Of Another

Michigan Law Review

The receiver of an insolvent bank received from one Lorensen bids of $4,500 for the building and $500 for the fixtures of the bank, the bid for the fixtures being conditioned on acceptance of the bid for the building. He received a subsequent bid of $4,600 for the building alone, no mention being made of the fixtures. Lorensen's bid for the fixtures was made on separate paper and was considered as distinct from his bid for the building. The receiver called on Lorensen, notified him of the higher bid {indicating that it had been received without qualification) and tried to …


Banks And Banking-Payment By Savings Bank To Other Than Depositor Jan 1934

Banks And Banking-Payment By Savings Bank To Other Than Depositor

Michigan Law Review

The plaintiff, depositor in a savings bank, sued the bank to recover for a payment made, upon presentation of the passbook together with a forged receipt, to one known to have previously acted as the depositor's agent. In order to protect itself in such a case the bank had provided the following bylaw: "The passbook shall be the voucher of the depositor, and the possession of the passbook shall be sufficient authority to the bank to warrant any deposit or payment made or entered therein." Held, the bank was liable to the depositor, despite the by-law, as it was …