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Articles 1 - 9 of 9

Full-Text Articles in Securities Law

Corporate Proxies: Ii, Leonard H. Axe Oct 1942

Corporate Proxies: Ii, Leonard H. Axe

Michigan Law Review

The first installment of this article discussed the historical development of the right and power to vote by proxy, and examined the cases dealing with the regulation by by-law of the right to vote by proxy, who may act as proxy holders, and the form of the proxy. Emphasis was placed upon the practical aspects of the execution of proxies and the duties of inspectors of elections. The present installment will take up the persons entitled to appoint proxy holders, the right to examine proxies, the scope of authority conferred and exercise of power, circumstances under which a stockholder is …


Joint Adventure - Fiduciary Relation Of Parties Thereto, E. George Rudolph Oct 1942

Joint Adventure - Fiduciary Relation Of Parties Thereto, E. George Rudolph

Michigan Law Review

Defendant corporation and one Goldberger, the testator of the plaintiff, entered an agreement to carry on a trading account in the stock of a certain brewery over a limited period of time. By the terms of the agreement both were to contribute 50,000 shares of the stock, which were to be held by the corporation, and all purchases and sales of the stock by the corporation were to be deemed made in behalf of the account. Defendant corporation was to receive twenty per cent of the net profits for its services and the rest was to be equally divided. During …


Trusts - Division Of Proceeds From United States Savings Bonds Between Life Tenant And Remainderman, William H. Shipley May 1942

Trusts - Division Of Proceeds From United States Savings Bonds Between Life Tenant And Remainderman, William H. Shipley

Michigan Law Review

Testator devised the residue of his estate in trust to pay the income to his wife for life and on her death to distribute the corpus to the children of the testator. The trustee bought ten-year bonds of the United· States Government known as United States Savings Bonds. The bonds did not bear interest payable at stated intervals, but were sold at a price sufficiently below their maturity value to yield a return equal to 2.9 per cent per annum, compounded semi-annually, it the bonds were held for the full ten years. The holder of such bonds may present them …


The Present Status Of Multiple Taxation Of Intangible Property, Robert C. Brown Apr 1942

The Present Status Of Multiple Taxation Of Intangible Property, Robert C. Brown

Michigan Law Review

The decision by the Supreme Court in 1932 of the case of First National Bank of Boston v. Maine represented the culmination of a fairly brief but apparently decisive effort by that Court substantially to do away with the taxation of intangible property by more than one state. Successive decisions within the three years previous had sought to do away with such taxation of debts ( no matter how evidenced) by more than one state; and First National Bank v. Maine laid down the same rule for corporate stock.


Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review Apr 1942

Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review

Michigan Law Review

Plaintiff engaged a Michigan corporation to negotiate the purchase for him of certain shares of stock. The corporation obtained the promise of defendant to sell the stock to the corporation as agent for an undisclosed principal. The corporation, acting as the agent for an undisclosed vendor (defendant), sent a written confirmation of the sale to the plaintiff and sent a similar memorandum to the defendant which was signed by the corporation as agent for an undisclosed vendee (plaintiff). The next day defendant notified the corporation that he refused to deliver the shares. Plaintiff brought a suit in equity for the …


The New Schoolmaster In Finance, Hiram L. Jome Mar 1942

The New Schoolmaster In Finance, Hiram L. Jome

Michigan Law Review

The purpose of this article is to present the attitude and views of the Securities and Exchange Commission on various financial problems. Several phases of the commission's thinking are in the writer's opinion extreme and questionable, or even unsound. Its actions have not always been consistent with its official views. Since the writer's purpose, however, has been merely to describe and not to criticize, no attempt has been made to appraise the work of the commission.


Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins Mar 1942

Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins

Michigan Law Review

Plaintiff sought to withdraw a registration statement which he had filed with the Securities and Exchange Commission. The commission denied him the right to do so and applied for a court order to enforce a previously issued subpoena to compel the plaintiff to appear before it and to produce books relating to the registration statement. After the Supreme Court had upheld the plaintiff's right to withdraw the statement, he brought an action for damages against the members of the commission for malicious prosecution, libel and slander, etc., alleging in addition that the defendants had acted maliciously and in bad faith. …


Taxation - Income Tax - Inclusion Of Unpaid Dividends In Decedent's Income, Michigan Law Review Jan 1942

Taxation - Income Tax - Inclusion Of Unpaid Dividends In Decedent's Income, Michigan Law Review

Michigan Law Review

Decedent owned stock in a corporation whose board of directors declared a dividend on April 30, 1934, for the fiscal year ending January 31, 1935, payable to stockholders of record at such times and in such installments as the directors might determine. At the time of decedent's death, October 15, 1934, only one-half of the dividend had been paid to him, but the commissioner included in the gross income of the decedent for the taxable period prior to death the entire amount of the dividend declared. The Board of Tax Appeals reduced this amount to the portion of the dividend …


Taxation - Income Tax - Capital Gains - Cost Basis To Distributee, David N. Mills Jan 1942

Taxation - Income Tax - Capital Gains - Cost Basis To Distributee, David N. Mills

Michigan Law Review

Testator died in 1903, and the executors turned over the residue of his estate to themselves as testamentary trustees in 1905. In 1923, pursuant to the will, trustees delivered part of the original trust property, together with other property purchased with trust funds, to plaintiff, the equitable remainderman under the trust. In 1930 plaintiff sold some of the securities which had constituted the corpus of the trust. In determining the cost basis for the capital gains tax on this transaction, plaintiff claimed that the market value on the date when the trustees delivered the property to him in 1923 should …