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Articles 7801 - 7830 of 7842
Full-Text Articles in Contracts
Covenants As Quasi Contracts, Louis L. Hammon
Covenants As Quasi Contracts, Louis L. Hammon
Michigan Law Review
It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Election of Remedies--right of Party Who Rescinds Contract for Fraud to Maintain Action for Damages Caused by Entering into the Contract; Corporations--Retirement of Preferred Stock by Exchange of Mortgage Bonds Therefore--Acceptance of Amendment by Majority--contracts in Which Directors are Interested--Notice to the Shareholders--Authorization by Vote of Shareholders Interested in the Contract; Physical Examination in Personal Injury Cases
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
Michigan Law Review
In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrators--deduction of Debts--Statute of Limitations; Agency--Authority to Indorse Negotiable Paper; Agency--Notice--Adverse Interest; Carriers--United States Mail--Liability of Railroad Company for Negligent Loss of Registered Letter; Corporation--Capital Stock--Contracts to Repurchase; Criminal law--Contempt of Court--Concerted Action to Influence Trial; Damages--Sale of Realty--Breach of Vendor's Contract; Equity--Mistake of Law--Recovery of Money Paid for Improvements on Another's Land; Landlort and Tenant--Insolvent Corporation--Accruing Rent; Limitation of Actions--Mortgages; malicious Prosecution--Abuse of Process--Sending Claim to Anothe rState for Collection to Avoid Local Exemptions; Malicious Prosecution--Cevil Cases; Malicious Prosecution--Probable Cause; Marriage--Common Law--present Consent; master and Servant--Assumption of Risk--Neglect of Statutory; Master and Servant--Assumption of Risk--Neglectof Statutory Duty; Municipal Corporations--Local …
Outlines Of The Law Of Agency, Floyd R. Mechem
Outlines Of The Law Of Agency, Floyd R. Mechem
Books
The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial development. It furnishes the means by which the range of individual and corporate activity is enormously increased. As soon as it is conceded that one man may be represented by another in business transactions, and that he may have as many such representatives as occasion may require, the field of commercial activity is immensely widened. The modern business man may thus be constructively present in many places and …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …
Cases On The Law Of Damages, Floyd R. Mechem
Cases On The Law Of Damages, Floyd R. Mechem
Books
Note to the Second Edition: “The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law department of the University of Michigan. The purpose has been particularly to supply illustration of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed.”
Note to the Third Edition: “While the general features remain the same, the number of cases in this edition has been considerably increased in the …
Cases On Guaranty And Suretyship, Robert E. Bunker
Cases On Guaranty And Suretyship, Robert E. Bunker
Books
The cases appearing in this volume have been selected for use in connection with the lecture on Suretyship given in the Law Department of the University of Michigan. Barring omission of irrelevant matter in some instances and of the briefs and arguments of counsel in all instances, the cases appear in this volume as they appear in the reports themselves. Uniformity in spelling and punctuation has not been attempted or thought desirable. In regard to these matters, the report have been followed, except in cases of manifest error.
The purpose has been to put into the hand of the student …
A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard
A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard
Articles by Maurer Faculty
No abstract provided.
Outlines Of The Law Of Agency, Floyd R. Mechem
Outlines Of The Law Of Agency, Floyd R. Mechem
Books
The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial activity. It furnishes the means by which the range of individual and corporate activity is enormously increased. One person may thus have many an alter ego. A single brain may direct a hundred hands. The modern business man may be constructively present in many places and carry on diverse and widely separated industries at the same time.
The following pages have been printed to accompany the writer’s …
A Treatise On The Law Of Sale Of Personal Property, Volume I, Floyd R. Mechem
A Treatise On The Law Of Sale Of Personal Property, Volume I, Floyd R. Mechem
Books
When this task was undertaken the writer believed that there was a real need for an American book upon the law of Sale. In the long time that he bas been at work, various contributions to the subject have been made by others, so that it is possible that the need, if it ever existed, has long since been supplied. The writer, however, whether wisely or unwisely, has persisted in his undertaking, and if bis work shall prove to have a value in some degree commensurate with the labor spent upon it, he will be content.
A Treatise On The Law Of Sale Of Personal Property, Volume Ii, Floyd R. Mechem
A Treatise On The Law Of Sale Of Personal Property, Volume Ii, Floyd R. Mechem
Books
When this task was undertaken the writer believed that there was a real need for an American book upon the law of Sale. In the long time that he bas been at work, various contributions to the subject have been made by others, so that it is possible that the need, if it ever existed, has long since been supplied. The writer, however, whether wisely or unwisely, has persisted in his undertaking, and if bis work shall prove to have a value in some degree commensurate with the labor spent upon it, he will be content.
Elements Of The Law Of Negotiable Contracts, Elias Finley Johnson
Elements Of The Law Of Negotiable Contracts, Elias Finley Johnson
Books
“The cases here collected and annotated, have been selected by the undersigned, primarily for the use of students in his classes. To make a wise selection of cases from the large number that are to be found upon a particular subject is a most difficult task … It has been attempted here to select, as far as possible, the very earliest cases upon the particular subject, so that the student would thereby be able to get at the reason of the rule without reference to any statutory provisions. Attention is called to the latest cases, however, in the foot notes.” …
Contracts: Dalhousie Law School, D Frank Matheson, First Year, Donald Frank Matheson
Contracts: Dalhousie Law School, D Frank Matheson, First Year, Donald Frank Matheson
Thompson Rare Book Collection
This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his first year Contract Law class.
The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Articles
This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded …
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Articles
In a former article (May number JOURNAL) fraud in contemplation of law, or legal fraud was considered. It was contended that a false representation, though honestly made and believed to be true, afforded sufficient ground to the vendor for rescinding a con- tract of sale. We now propose to briefly consider character of statements made, with some reference also to representations made to commercial agencies. It may be regarded as within the common knowledge of the profession, that the false representation must be the assertion of a fact, and usually of an existing fact, although the fact may depend upon …
Retention Of Possession As Evidence Of Fraud In Pennsylvania, John Joseph Kelley
Retention Of Possession As Evidence Of Fraud In Pennsylvania, John Joseph Kelley
Historical Theses and Dissertations Collection
No abstract provided.
Voluntary Subscription Contracts, Louis Hiram Kilbourne
Voluntary Subscription Contracts, Louis Hiram Kilbourne
Historical Theses and Dissertations Collection
No abstract provided.
Contracts Limiting Liability Of Passenger Carriers For Injuries, John C. Taylor
Contracts Limiting Liability Of Passenger Carriers For Injuries, John C. Taylor
Historical Theses and Dissertations Collection
No abstract provided.
Mistake, Ransom Lloyd Richardson
Mistake, Ransom Lloyd Richardson
Historical Theses and Dissertations Collection
No abstract provided.
The Doctrine Of Lumley V. Gye, John L. Tiernon Jr.
The Doctrine Of Lumley V. Gye, John L. Tiernon Jr.
Historical Theses and Dissertations Collection
No abstract provided.
The Contract Of Subscription To Corporate Stock, John Fred Woodell
The Contract Of Subscription To Corporate Stock, John Fred Woodell
Historical Theses and Dissertations Collection
No abstract provided.
Cases On The Law Of Damages, Floyd R. Mechem
Cases On The Law Of Damages, Floyd R. Mechem
Books
"The following cases have been printed at the request of Professor Mechem, of the Law Department of the University of Michigan, for use in connection with his lectures in that law school."-- Title page.
Equitable Assignments, Sherman Moreland
Equitable Assignments, Sherman Moreland
Historical Theses and Dissertations Collection
No abstract provided.
Cases On The Law Of Agency, Floyd R. Mechem
Cases On The Law Of Agency, Floyd R. Mechem
Books
The following collection of cases has been prepared, at the request of several leading educators, to accompany the writer’s treatise on the law of agency, the purpose being to illustrate the text by object lessons gathered from the reports. Nothing in the way of annotation has been attempted, beyond an occasional reference to similar cases, as it is thought that the text of the treatise supplies all that is needed in that direction. To make a selection of cases from the great number upon the subject is a difficult task and one in reference to which opinions will necessarily differ. …
The American Mutuum, Jerome C. Knowlton
The American Mutuum, Jerome C. Knowlton
Articles
The delivery of goods that may be accurately designated by number, weight or measure, such as corn or wine, on an undertaking that goods of like kind and quality shall be returned, creates what is known in the civil law as the contract of mutuum, a kind of bailment contract. Text writers on the common law regard such a transaction as a sale and not a bailment. "Where there is no obligation to return the specific article, and the receiver is at liberty to return another thing of equal value, he becomes debtor to make the return, and the title …