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Heartbalm Statutes And Deceit Actions, Michigan Law Review

Michigan Law Review

This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …

Federal Procedure-Applicability Of State Decisional Law Interpreting State Statutes Of Limitations Under Section 11 (E) Of The Bankruptcy Act, Charles E. Oldfather S.Ed

Michigan Law Review

Plaintiff is the trustee in bankruptcy of a Virginia corporation whose petition for reorganization under chapter X of the Bankruptcy Act was approved by a Virginia federal district court in 1942. Plaintiff filed this action in a New York federal district court under section 11 (e) of the Bankruptcy Act against defendant, the principal stockholder, and others for breach of fiduciary duty. The alleged breaches of duty occurred in 1927 and 1929. The defendant pleaded the New York statute of limitations and contended that it should be applied as interpreted by New York decisions, which hold that the statute begins …

Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.

Michigan Law Review

A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …

Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.

Michigan Law Review

Plaintiff sued a corporation and its president to recover money paid for purchase of stock sold in violation of the ''blue sky" laws of Michigan. The president, through correspondence, had induced plaintiff to complete the purchase. Plaintiff had judgment below against both defendants. The president alone appealed, contending among other things that he was not an "agent" within the meaning of the statute. Held, affirmed. The word "agent" in the Michigan statute1 includes officers and directors of the corporation whether they are authorized "agents" or are holding themselves out as "agents" of the corporation. Cleland v. Smart, 321 …

Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler

Michigan Law Review

Testatrix drew an instrument consisting of a single sheet of paper, intending it as her will. In the presence of a notary public, three witnesses observed the instrument with testatrix' signature thereon and her acknowledgment of it as her will, but did not sign it. The document was then placed in an envelope. A separate instrument of attestation which referred to the will was prepared by the notary and signed by the testatrix and the attesting witnesses. This instrument and the envelope containing the will were both placed in another folder which was then deposited with the proper officials. Probate …

The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith

Michigan Law Review

It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …

Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland

Michigan Law Review

Plaintiff, a purchaser of mortgaged realty, claimed that there had been a series of conveyances of this property originating with a remote grantor, fraudulent as to said grantor's creditors. At the time plaintiff learned of this, he had already paid taxes on the property and paid $4605 on the purchase price, leaving a balance of $2986 due on his contract. Since, allegedly, plaintiff would have been subject to an action of the creditors to have the conveyance to him set aside/ plaintiff sought to join all creditors and defrauders in an attempt to clear the title, or, if the transaction …

Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz

Michigan Law Review

An ordinance of the city of Chicago required the net weight of all commodities sold in load lots in the city to be determined by a municipal weighmaster prior to delivery of the load to the purchaser. This necessitated weighing the vehicle of transportation first empty, and then again when loaded. On indictment for violation of the ordinance defendant, a coal dealer, whose place of business was located 63 miles outside the municipal limits, asserted that compliance with the ordinance would involve extremely expensive rehandling of the load unless the trucks were first sent into the city unloaded, a financially …

Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review

Michigan Law Review

Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …

Corporations - Statutes Declaring Watered Stock Void - Effect Upon The Stockholder's Liability To Creditors

Michigan Law Review

Prior to the present era of "blue sky" laws providing for the careful scrutiny by the state of the issuance of stock, the evil of watered stock was sought to be curbed by constitutional and statutory provisions of a prohibitory and often penal nature. These statutes and constitutional provisions very generally take one of two forms.

The Colorado and the Arizona provisions are typical. In practical effect the two types of provisions are indistinguishable. The phrase "bona fide subscribers" in the Arizona form is construed to mean one who actually turns something of value over to the corporation in lieu …

State "Blue-Sky" Laws And The Federal Securities Acts, Russell A. Smith

Michigan Law Review

With the current revival of business has come increased activity in the securities markets. Corporations are taking advantage of low money rates to refund outstanding issues and, to some extent, to obtain new money for corporate purposes. If the upturn in business proves to be substantial, rather than merely a temporary, government-induced short-time swing, the issuance of securities for the purpose of financing capital improvements will doubtless accelerate. Questions arising under the various laws, federal and state, for the regulation of the sale of securities will become increasingly important. Persons interested in the issuance and disposal of securities desire, of …

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

This paper deals with attacks on decrees of divorce. The attack may arise in the state of the divorce or elsewhere. F-1 is used to designate the state in which the divorce was granted; F-2 a state other than that in which the decree in' question was rendered. The attack in F-1 may be on purely local or non-jurisdictional grounds, such as fraud, collusion, duress or perjury, or upon the ground that the proper jurisdictional requirements were lacking. The attack in F-2 will generally be on jurisdictional grounds, though in certain situations a decree has been impeached for non-jurisdictional factors. …

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 …

Corporations - Dissenting Stockholder's Suit -Conditional Decree

Michigan Law Review

The directors and majority stockholders of a Minnesota mining corporation which. needed financing were also the directors and majority stockholders of another Minnesota mining corporation which had a large surplus. They decided to consolidate the two in order to finance the one, offering the stockholders of each corporation a share for share exchange, which would result in the stockholders of the unsuccessful corporation having a 9/16 control of the consolidated corporation. Dissenting stockholders, holding 18/100 of 1% of the total stock in the successful corporation, brought a bill to restrain the consolidation and to have a receiver appointed to take …

The Ohio "Blue Sky" Cases, Clarence D. Laylin

Michigan Law Review

The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.