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Banking and Finance Law

Journal

1943

Articles 1 - 9 of 9

Full-Text Articles in Law

Secured Obligations, Benjamin M. Quigg, Jr. Dec 1943

Secured Obligations, Benjamin M. Quigg, Jr.

Michigan Law Review

The scope of this discussion probably is best defined in the words of the act itself as appear in section 302 (1): "obligations secured by mortgage, trust deed, or other security in the nature of a mortgage · upon real or personal property, owned by a person in military service at the commencement of the period of military service"; and the problems herein discussed are those which arise under the act in connection with the sale, foreclosure, seizure, or repossession of property which is security for such obligations.

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Installment Contracts Dec 1943

Installment Contracts

Michigan Law Review

Section 301 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended in 1942, is designed to protect the serviceman who has purchased property on the installment plan against forfeitures. It provides that a vendor or seller (or his assignee) of real or personal property (including a lease or bailment with a view to purchase) may not terminate or rescind his contract or resume possession of the property because of nonpayment or for any other breach of contract except by an action brought in a court of competent jurisdiction. This section is applicable in all cases in which …

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Principal And Surety- Right Of Surety On Building Contract To Be Subrogated To Funds In Owner's Hands As Against Right Of Bank That Advanced Funds To Contractor, Mary Jane Morris Aug 1943

Principal And Surety- Right Of Surety On Building Contract To Be Subrogated To Funds In Owner's Hands As Against Right Of Bank That Advanced Funds To Contractor, Mary Jane Morris

Michigan Law Review

A contract for construction of a city sewerage system provided for progress payments on the fifteenth of each month of ninety per cent of the engineer's estimate of work done during the preceeding month, ten per cent being retained by the owner until final completion of the contract. The contract also required the contractor by the twentieth of the month to pay all labor costs and ninety per cent of the cost of materials delivered the month before. Because the necessary estimates had not been made, the June check was not paid to the contractor on the payment date. On …

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Rights Of Beneficiaries Of Government Savings Bonds, Frank Latcham Jul 1943

Rights Of Beneficiaries Of Government Savings Bonds, Frank Latcham

Washington Law Review

In 1939 the Washington Court in Decker v. Fowler virtually eliminated the effect of the beneficiary provision in government savings bonds by holding that beneficiaries named in the bonds have no right to the proceeds on the death of the purchaser unless there has been a valid inter vivos gift of the bond between the purchaser and the beneficiary. The majority of the court apparently failed to recognize that there was a donee beneficiary contract entered into between the purchaser and the government. In two subsequent Washington cases, where the court has found a contract relation in somewhat analogous situations, …

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Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba Jun 1943

Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba

Michigan Law Review

Political Laws have been the subject of a much disputed doctrine. It has been stated by Dicey, and by other authoritative writers in various countries, that a court has no jurisdiction to entertain an action for the enforcement of a "political law" of a foreign state. The term "political law" is not limited to the field of public law. It is, of course, only exceptionally that rules governing the relations between a state and its citizens are given extraterritorial effect. The doctrine goes further. It holds that rules which are technically a part of private law, but which are designed …

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Bills And Notes -Acceleration Provision As Affecting Negotiability Jun 1943

Bills And Notes -Acceleration Provision As Affecting Negotiability

Michigan Law Review

In an action against the maker of a promissory note by an indorsee thereof, claiming to be a holder in due course, the question was the negotiability of the note. It contained a provision that "If the maker or anyone of the makers hereof shall fail to furnish additional security upon the demand of said company, said company is authorized to declare all indebtedness owed to it by the maker or makers hereof immediately due and payable without giving notice of said declaration." Held, the quoted language rendered the note nonnegotiable. American Finance Corp. v. Bourne, 190 Okla. …

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End Or Close Of Promissory Note Within Meaning Of Kentucky Statutes Section 468 (Krs 446.060), Henry Howe Bramblet Jan 1943

End Or Close Of Promissory Note Within Meaning Of Kentucky Statutes Section 468 (Krs 446.060), Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.

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Set Off Of A Partnership Deposit In An Insolvent Bank Against The Debt Of An Individual Partner, Robert M. Spragens Jan 1943

Set Off Of A Partnership Deposit In An Insolvent Bank Against The Debt Of An Individual Partner, Robert M. Spragens

Kentucky Law Journal

No abstract provided.

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Future Advances On Mortgages In Washington, John B. Krilich Jan 1943

Future Advances On Mortgages In Washington, John B. Krilich

Washington Law Review

When Elnmendorf-Anthony Co. v. Dunn was decided in August, 1941, it completed the law of future advances on mortgages in this jurisdiction. The case dealt with the problem of optional advances by the mortgagee, and the effect of intervening encumbrances upon such advances. Perhaps it will be well to show the fact situation in order to see the problem more clearly.

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