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Articles 1 - 11 of 11

Full-Text Articles in Law

Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer Dec 1934

Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer

West Virginia Law Review

No abstract provided.


Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute Dec 1934

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 …


Gifi's Causa Mortis - Validity Of Gift Of Entire Estate Dec 1934

Gifi's Causa Mortis - Validity Of Gift Of Entire Estate

Michigan Law Review

A donor, being in extremis, told by a doctor that he was dying, and having no near relatives, gave three bunches of keys to a donee with whose family he had lived for ten years, with the statement, "'If I am going to die, everything I have belongs to this woman." This was held to be a valid gift causa mortis of so much of decedent's property as was thereby made available. In re Elliott's Estate, 312 Pa. 493, 167 Atl. 289 (1933).


The Vendee's Lien- On Land And Chattels Nov 1934

The Vendee's Lien- On Land And Chattels

Michigan Law Review

The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …


Fraudulent Conveyances--Assignment Of Life Insurance Policy In Fraud Of Creditors, John L. Detch Jun 1934

Fraudulent Conveyances--Assignment Of Life Insurance Policy In Fraud Of Creditors, John L. Detch

West Virginia Law Review

No abstract provided.


Corporations - Right Of Minority Stockholders To Interfere In Corporate Management Apr 1934

Corporations - Right Of Minority Stockholders To Interfere In Corporate Management

Michigan Law Review

In determining the relationship between the majority and minority stockholders of a corporation, the courts are faced with the problem of striking a correct balance between the rights of the plaintiff stockholder, who alleges that he is being oppressed by the majority, and the rights of the majority, acting through the regular corporate machinery, who allege that the corporation is being harassed by a troublesome minority. It is necessary to protect the minority from the machinations of those in control; it is likewise necessary to protect the corporation, as controlled by the majority, from the blackmailer who holds a few …


Corporations - Duty Of Director To Stockholder On Stock Exchange Sales Mar 1934

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 …


The Securities Act Of 1933, Laylin K. James Mar 1934

The Securities Act Of 1933, Laylin K. James

Michigan Law Review

In 1907 a Pennsylvania superior court stated in one of its opinions that, "'there is no reason why a man should not be a fool.' As a corollary to that saying, it may be added that there is no reason why a court should protect a fool against the result of his folly. No new feature of rapacity in the buyer is apparent in this instance [ the purchase of property worth $ 5,000 prospectively for $ 500] to make him a worse offender against the law of fair dealing than an army of Shy locks who have preceded him. …


Torts-Release Of Joint Tortfeasor Feb 1934

Torts-Release Of Joint Tortfeasor

Michigan Law Review

Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's …


International Law -Extradition - Construction Of Treaty Jan 1934

International Law -Extradition - Construction Of Treaty

Michigan Law Review

On complaint of the British Consul that the petitioner had "received certain moneys knowing the same to have been fraudulently obtained," the United States Commissioner for the Northern District of Illinois issued his warrant to hold petitioner in custody for extradition to England, under Article 10 of the Webster-Ashburton Treaty of 1842, as supplemented by the Blaine-Pauncefote Convention of 1889, and certified the evidence to the Secretary of State. Upon application by petitioner for writ of habeas corpus and certiorari in its aid, the district court ordered him released from custody on the ground the act charged was not within …


Bills And Notes - Incorporation By Reference - Clause In Mortgage Limiting Bondholder's Right To Sue On Bond Jan 1934

Bills And Notes - Incorporation By Reference - Clause In Mortgage Limiting Bondholder's Right To Sue On Bond

Michigan Law Review

Plaintiff, a holder, sued for the principal of and interest on matured bearer bonds which were part of an issue secured by a trust mortgage. Each bond, which was otherwise negotiable, recited that it was secured by a mortgage, "to which indenture reference is hereby made for a statement of the rights of the holders of said bonds." The mortgage provided that all rights of action on the bonds were vested in the trustee and that no bondholder could sue on the primary indebtedness until he had fulfilled certain prerequisites relative to giving the trustee an opportunity to sue. These …