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Articles 7351 - 7380 of 8523
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Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …
Corporations-Right Of General Creditors, After Appointment Of Receiver In Suit Brought For Foreclsoure Of Mortgage Covering Major Portion Of Assets, To Have Receivership Extended For Protection And Eventual Liquidation Of Unmortgaged Assets
Michigan Law Review
When the affairs of a corporation become so involved that it is not able to meet its maturing obligations as they become due and it is necessary either that the corporation be reorganized on a more sound financial basis or that its assets be liquidated in an orderly manner, to the best advantage of its creditors and stockholders, it is customary, as a basis for such reorganization or liquidation, to have a receiver appointed of all the property and assets of the corporation. Such receivership is usually precipitated by the filing in the federal court of a bill of complaint …
Trusts-Effect Of Exculpatory Clauses In Trust Indentures
Trusts-Effect Of Exculpatory Clauses In Trust Indentures
Michigan Law Review
The trust mechanism is today the common method of issuing corporate bonds. If the bonds are mortgage bonds, the corporation pursuant to a trust agreement, executes or assigns the mortgage to a trustee, usually a bank or trust company which holds the mortgage for the benefit of all the bondholders. In other situations collateral security is placed in the hands of the trustee. In both cases, the trustee certifies the corporation's bonds as having been issued under the terms of the trust indenture.
Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff
Michigan Law Review
The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …
Corporations-Power To Delegate Management For Long Period
Corporations-Power To Delegate Management For Long Period
Michigan Law Review
The corporate parties contracted that in consideration of certain commissions to be paid to the plaintiff, the defendant insurance company should delegate to the plaintiff corporation complete and exclusive control and management of its entire business for a period of twenty years. In an action to recover commissions, held, that the contract was void on the ground of public policy, and that there could be no recovery. Sherman & Ellis, Inc., v. Indiana Mutual Casualty Company (C. C. A. 7th Cir.) 41 F.(2d) 588.
Corporations-Preparation Of Stockholders' List-Statutory Provision
Corporations-Preparation Of Stockholders' List-Statutory Provision
Michigan Law Review
On a petition challenging the legality of an election of directors at a special meeting, one of the contentions was that calling this meeting on five days' notice violated section 29 of the Delaware General Corporation Act, as amended by 36 Del. Laws, c. 135, sec. 15, which provided that a list of stockholders entitled to vote be made by the officer in charge, ten days before every election. Held, this is not grounds for avoiding the election; the provisions of the statute are directory only, and where a by-law of the corporation required five days' notice for special …
Libel And Slander-Fair Comment
Libel And Slander-Fair Comment
Michigan Law Review
The plaintiff sued the defendant publisher for an alleged malicious attack on him as the coach of the local high school football team. The newspaper article in question, after reciting several defeats suffered by the local aggregation, declared that the players were not well versed in the fundamentals of the game, that the system of plays furnished them was exceedingly antiquated, and that their latent ability had not been brought out by proper coaching. Held, judgment of non-suit reversed, as the plaintiff can recover on proof of express malice. Hoeppner v. Dunkirk Printing Co. (N. Y. 1930) 172 N.E. …
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Michigan Law Review
The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.
Trusts-Perpetuities-Trust To Maintain Testator's Grave
Trusts-Perpetuities-Trust To Maintain Testator's Grave
Michigan Law Review
The testator bequeathed $500 in trust, to be used until exhausted in purchasing flowers for his grave three times a year. Held, the trust was non-charitable and invalid as contrary to the rule against perpetuities. Meehan v. Hurley (R. I. 1930) 150 Atl. 819.
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Michigan Law Review
After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.
Cooperative Associations And The Public, John Hanna
Cooperative Associations And The Public, John Hanna
Michigan Law Review
The American Institute of Cooperation at its first summer meeting in Philadelphia in 1925, devoted many hours to a consideration of the definition of agricultural cooperation. Even at that time cooperative associations had been described, if not defined, by federal legislation. The Bureau of Internal Revenue, the War Finance Corporation and the Intermediate Credit Banks, had also been compelled on numerous occasions to decide whether or not a particular association was entitled to the privileges accorded cooperatives. A determination of the nature of a cooperative was implied in the standard marketing acts adopted in nearly all of the American states. …
Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case
Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case
Michigan Law Review
The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …
Libel - Plaintlff's Portrait-Story Concerning Another
Libel - Plaintlff's Portrait-Story Concerning Another
Michigan Law Review
Defendant published in a newspaper the picture of the plaintiff, Alta Woolf, under the headline, "Sued for Balm," and above a caption to the effect that "Mrs. Ruth Felgenauer (above) 11002 Nelson Ave." had been made defendant in an alienation suit. To the plaintiff's libel action, defendant demurred. Held, the trial court was correct in sustaining the demurrer because, in its entirety, the publication was not calculated to lead third persons to believe that it referred to plaintiff. Woolf v. Scripps Pub. Co. (Ohio, Ct. App. 1930) 172 N.E. 389.
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
Michigan Law Review
The second pivotal decision of the court in construction of the self-incrimination clause is that in Counselman v. Hitchcock, decided in 1892. An advantageous approach to it is furnished by certain earlier state and federal court decisions applying the common law regarding the privilege of witnesses.
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Michigan Law Review
In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …
Divorce - Recrimination As A Defense
Divorce - Recrimination As A Defense
Michigan Law Review
If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …
Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination
Michigan Law Review
To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …
Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law
Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law
Michigan Law Review
Petitioner married the respondent in Moscow, in 1924, the parties being the domiciled in the Soviet Union. By Soviet law a divorce could be secured upon the registration of both parties of their desire to terminate the marriage, or upon the application of one of them to a court which had no discretion but to dissolve the union. The petitioner filed a bill for separation in England, and an issue was directed in the lower court to determine whether the parties had ever been husband and wife. The court held the marriage invalid, but on appeal it was held the …
Partnership-Dissolution By Death Of Partner
Partnership-Dissolution By Death Of Partner
Michigan Law Review
Suit was brought by holders of certificates of deposit against the defendants as partners in an insolvent private bank. At the trial plaintiffs amended their petition by alleging that though defendants called themselves a partnership, they were in law and fact a joint stock company. But they failed to strike out the first allegation. The articles of agreement provided for a manager and a financing committee and for transferable stock, but transferable only to those whom the committee might admit. Several of the shareholders were deceased previous to the time the liability was incurred by the manager, and the status …
Probate Law Directory
Michigan Law Review
A Review of PROBATE LAW DIRECTORY By J. C. Fisher.
Automobile Insurance
Michigan Law Review
A Review of AUTOMOBILE INSURANCE By Charles A. Sunderlin.
Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds
Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds
Michigan Law Review
The Connecticut court in a series of recent cases has cast considerable doubt on the negotiability of bonds containing provisions for payment without deduction for taxes and for refunding of personal property taxes paid by the holder on account of the instrument. In Mechanic's Bank v. Johnson it held a promissory note containing a promise to pay taxes assessed against the instrument non-negotiable on the ground that the amount was uncertain. In Mazurkiewicz v. Dowholonek it held unconstitutional an act, passed after the earlier decision, establishing the negotiability of such instruments already in circulation, on the ground that it impaired …
Aerial Navigation
Michigan Law Review
With the rapid increase of the use of the air by airplanes and other craft, courts are bound to be called upon frequently to determine the rights and liabilities of the owners and operators of aircraft with reference to other persons in various positions. It is probable that, as was found to be true in the cases of other new devices, the principles of the common law are sufficiently elastic and adaptable to determine the settlement of most, if not all, of the controversies.
Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty
Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty
Michigan Law Review
By statute in Montana the boards of county commissioners were ordered to cause such highways as were necessary for the public welfare to be "laid out, recorded, opened" and maintained. A highway was laid out through the plaintiff's land in 1903, but the county commissioners refused to continue constructing it though requested to do so by the plaintiff, instead compelling him to remove the fences on his property. His entire land being thus thrown open to the public, he constructed the road himself in 1926, with the knowledge of the commissioners, who on its completion immediately accepted it but refused …
Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney
Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney
Michigan Law Review
If any one were asked what was the most dramatic event of the last year, he probably refer at once to the collapse of the great Bull Market on the New York Stock Exchange. This was not only a dramatic event, but it was literally a tragedy for hundreds of thousands of people. Securities shrank to less than half their former inflated values and hundreds of millions of dollars in cash and paper profits were lost over night, or possibly we should say over two nights, for the crash occurred in two stages, one in October and one in November, …
Review: Die Völkerrechtliche Stellung Irlands.
Review: Die Völkerrechtliche Stellung Irlands.
Michigan Law Review
A review of DIE VÖLKERRECHTLICHE STELLUNG IRLANDS. By Michael Rynne.
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
Michigan Law Review
The Fourth Amendment of the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The so-called "self-incrimination clause" of Amendment V reads as follows: "No person * * * shall be compelled in any criminal case to be a witness against himself."
International Standing In Court Of Foreign Corporations, Elvin R. Latty
International Standing In Court Of Foreign Corporations, Elvin R. Latty
Michigan Law Review
The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …