Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Corporations (5)
- Fraud (3)
- Insolvency (3)
- Stockholders (3)
- Adams Express Co. v. Hill (2)
-
- Dividends (2)
- McCandless v. Furlaud (2)
- Municipal corporations (2)
- Public interest (2)
- Reorganization (2)
- Representation (2)
- Shareholders (2)
- Stockholder voting (2)
- Supreme Court (2)
- Action Against Partnership (1)
- Ad valorem taxes (1)
- Agency (1)
- Agents (1)
- Alderman v. Alderman (1)
- Allowances (1)
- Amendments (1)
- Assessments (1)
- Assets (1)
- Boards of directors (1)
- Business Law (1)
- Business regulation (1)
- California (1)
- Capital stock (1)
- Cash dividends (1)
- Causes of action (1)
- Publication
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Law
Action Against Partnership In Name-Effect Of General Denial
Action Against Partnership In Name-Effect Of General Denial
Indiana Law Journal
No abstract provided.
Municipal Corporations-Officers Bonds
Dividends From Wasting Assets Corporations, C. C. Williams Jr.
Dividends From Wasting Assets Corporations, C. C. Williams Jr.
West Virginia Law Review
No abstract provided.
Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce
Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce
Michigan Law Review
The appreciation of assets and the legal and accounting problems involved are largely a product of constant fluctuation in the value of money, and to a lesser degree a prodμct of actual rise in the relative value of isolated pieces of property. In the face of political events such as the devaluation of the dollar, and economic phenomena such as the rising price level which the country has experienced since 1933, such problems are of immediate concern to the accountant and lawyer. We must recognize at the outset that appreciation or depreciation in the price level sense are unrelated to …
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Michigan Law Review
The recent case of Haggard v. Lexington Utilities Co. is typical of the nominalistic confusion occasioned by the use of the terms "capital" and "capital stock." Whatever progress the courts have made toward making them words of precise signification has not been reflected in the drafting of statutes, where they are employed to represent a bewildering number of connotations. The courts have recognized this and have not sought to make them words of art with a single, definitive meaning but through the mechanics of statutory interpretation have sought to divine the legislative intent.
Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg
Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg
Michigan Law Review
The recent case of Chisholm v. Gilmer, in holding joint adventurers jointly liable on an obligation incurred by all the members thereof through a trustee who acted as agent for all the members, again opened up the problem of the nature of the joint adventure and the rights and liabilities of its members. When, in joint adventure cases, the relationship of the parties is not clearly determined by their contract, the courts have consistently looked to the law of partnership for aid in reaching a result. It is the purpose of this article to indicate the degree to which …
Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review
Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review
Michigan Law Review
Plaintiff owned 100 shares of preferred stock of defendant corporation, the certificates for which, and the articles of incorporation, provided for redemption on a· given date. Subsequent to plaintiff's becoming a stockholder but prior to the redemption date of his stock, a statute was passed allowing the majority of voting shareholders of a corporation to amend its articles "without limitation." Pursuant thereto the date for redemption of plaintiff's stock was postponed twenty-five years. Under the amended articles defendant refused plaintiff's tender of the stock and demand of payment on the original redemption date. In an action against the corporation, held …
Revenue Financing Of Public Enterprises, E. H. Foley Jr.
Revenue Financing Of Public Enterprises, E. H. Foley Jr.
Michigan Law Review
Courts have been slow to take judicial notice of the growing needs of local communities. Legislatures have restrained municipal corporations from engaging in business enterprises upon the assumption that the object was mere hope of gain, that the investment of municipal funds in such enterprises was simply a speculation, or that the effect was to divert municipal corporations from their legitimate ends and to poach upon the preserves of private enterprise. Novel municipal undertakings have been feared as an entering wedge of state socialism or governmental paternalism. Even when the instrumentality of private adventure was disposed to leave a need …
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Michigan Law Review
It is the purpose of the present article to suggest that another means of accomplishing the end exists in the possibility of an interstate compact for uniform corporate legislation, coupled with supplementary federal legislation appropriate to make the interstate compact effective.
Reorganization Without Consent Of Creditors - Section 77b (B) (5)
Reorganization Without Consent Of Creditors - Section 77b (B) (5)
Michigan Law Review
On May 15, 1936, the Circuit Court of Appeals for the Seventh Circuit denied a petition for leave to appeal from an order confirming a plan of reorganization under Section 77B of the Bankruptcy Act in the case of In re Garfield Arms Hotel Building Corporation. The property of the debtor, consisting of a furnished hotel building, was encumbered by a first mortgage bond issue of $254,500 with interest at six and one-half per cent in default since October 16, 1929. There was a second mortgage of $50,000 and accrued interest as well as approximately $22,000 in judgments against …
The Doctrine Of Ultra Vires In United States Supreme Court Decisions: Conclusion, Clyde L. Colson
The Doctrine Of Ultra Vires In United States Supreme Court Decisions: Conclusion, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Corporations-Liability Of Promoters For Secret Profit
Corporations-Liability Of Promoters For Secret Profit
Michigan Law Review
In view of the peculiar position of control which a promoter occupies in relation to the proposed corporation, with resultant opportunities for making unconscionable profits, courts have uniformly regarded him as standing in a fiduciary relationship toward the corporation. Accordingly, when a promoter seeks to make a profit from a transfer of property to the corporation, he must obtain the consent of the latter under penalty of having to disgorge such profit at a later time at the suit of the corporation itself or persons acting in the latter's behalf. Such liability is to be distinguished from the liability of …
Corporations - Rights Of Creditors Of Insolvent Corporation - Greater Than Rights Of Corporation
Corporations - Rights Of Creditors Of Insolvent Corporation - Greater Than Rights Of Corporation
Michigan Law Review
The dissenting and majority opinions of Justices Roberts and Cardozo in the recent case of McCandless v. Furlaud are illustrative of basically divergent conceptions of the status and function of the corporate receiver. In the following examination and evaluation of these conflicting positions, attention will be directed chiefly to those situations involving the problem of promoter's profits. The language and attitude of the courts, however, is typical of that adopted in all cases in which the questions considered arise and the conclusions suggested are of general application.
Corporations-Right Of Officers To Purchase Claims Against The Corporation And Enforce Them At Their Face Value
Michigan Law Review
Defendant was enlisted by one of the insolvent corporation's creditors, a holder of preferred stocks and debentures, to buy up landlord's claims against the corporation. These claims were large in number and amounts and were crucial elements in a successful reorganization. By means of the stock vote of the creditor, defendant was elected director of the corporation and remained as such for one month, though during this time he was not active in acquiring landlord's claims. Upon resignation as director, defendant was successful in buying up most of the landlord's claims, it being a fair inference from the facts that …
Corporations-''Fair Plan" Under Section 77b-Applicability Of Boyd Case, Edward B. Barrett
Corporations-''Fair Plan" Under Section 77b-Applicability Of Boyd Case, Edward B. Barrett
Michigan Law Review
Few controversies can arise that present so many variables and require such delicate balancing of not easily ascertainable economic and legal interests as the one occurring when it becomes necessary for a court to pass on the fairness of a reorganization plan. The recognition of this is clearly seen in the provision of Section 77B of the Bankruptcy Act which reads in part: "after hearing such objections as may be made to the plan, the judge shall confirm the plan if satisfied that it is fair and equitable and does not discriminate unfairly in favor of any class of creditors …
The Doctrine Of Ultra Vires In United States Supreme Court Decisions, Clyde L. Colson
The Doctrine Of Ultra Vires In United States Supreme Court Decisions, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Private Corporations--Foreclosure Of Corporate Trust Indenture--Power Of Equity Court To Disregard Contract Rights Of Majority Bondholders
West Virginia Law Review
No abstract provided.
The Corporate Entity As A Solvent Of Legal Problems, Elvin R. Latty
The Corporate Entity As A Solvent Of Legal Problems, Elvin R. Latty
Michigan Law Review
If a layman were to ask a lawyer what is the reason that a stockholder is ordinarily not liable for his corporation's debts or that a deed to corporate property by the sole stockholder in his own name is not a flawless conveyance, the answer the layman would get would be: a corporation is a wholly different person from its stockholders-it is an entity separate and distinct from them. That answer reveals the traditional approach to scores of problems in corporation law, an approach which, it is submitted, can lead the incautious into considerable trouble.
Cases On Business Law, Kenneth T. Hutchinson
Cases On Business Law, Kenneth T. Hutchinson
West Virginia Law Review
No abstract provided.
Trusts--Corporation As Beneficiary Under Constructive Trust Of Outstanding Corporate Bonds
Trusts--Corporation As Beneficiary Under Constructive Trust Of Outstanding Corporate Bonds
West Virginia Law Review
No abstract provided.
Acquisition By A West Virginia Corporation Of Its Own Stock
Acquisition By A West Virginia Corporation Of Its Own Stock
West Virginia Law Review
No abstract provided.
Corporations-Disregard Of Separate Entities-Subsidiary Corporation An Instrumentality Of The Parent
Corporations-Disregard Of Separate Entities-Subsidiary Corporation An Instrumentality Of The Parent
Michigan Law Review
Defendant corporation had an excess of assets over liabilities, but its ratio of current assets to current liabilities had declined below the then normal banking credit requirement of two to one. In order to avoid acknowledgment of commercial insolvency due to inability to meet obligations maturing in the near future, defendant organized a subsidiary corporation to take over the sales end of the enterprise, transferring to the subsidiary sufficient current assets to give it the required banking ratio with regard to the liabilities assumed by the subsidiary consisting of bank obligations and some of the current bills payable of the …
Corporations - Liability Of Directors To Creditors For Negligent Management
Corporations - Liability Of Directors To Creditors For Negligent Management
Michigan Law Review
There is much confusion in the cases concerning a director's liability to a creditor for negligent management of the corporation. A clearer answer might be indicated by an examination of analogous situations involving individuals instead of corporations. It adds confusion to the law to have a different rule for a corporation than for a human being, and such a result should be avoided unless separate treatment is required by something inherent in the corporation. The least that can happen if a court thinks along these lines is that it will be more likely to know what it is doing.
Corporations-Right Of Stockholder To Inspect Stock Book Of Bankrupt Corporation Under Section 77b
Corporations-Right Of Stockholder To Inspect Stock Book Of Bankrupt Corporation Under Section 77b
Michigan Law Review
Petitioner was the controlling stockholder of B corporation, which had its petition for reorganization under Section 77B of the National Bankruptcy Act approved. Being dissatisfied with the present board, he applied to the district court for an order directing the trustees of B to permit him to examine the stock book for the purpose of securing names of stockholders in order to call a meeting to elect a new board. Application was denied by the district court on the ground that calling a meeting would impede rapidity of reorganization. On appeal, held, application should have been granted, for Section …
Fees And Expenses In A Corporate Reorganization Under Section 77b, George F. Medill
Fees And Expenses In A Corporate Reorganization Under Section 77b, George F. Medill
Michigan Law Review
A District Court of the United States in a proceeding under Section 77B of the Bankruptcy Act has substantially all the powers of a court of equity. All that follows may be summarized by saying that allowances of compensation for services and reimbursement for expenses are to be made by the court according to the principles and practices of equity applied to the accomplishment of the purposes of the Section and the object of the proceeding-a fair and equitable plan of reorganization. The Section, so far as it provides for or regulates allowances, is no more than a statutory restatement …
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Michigan Law Review
To avail itself of the remedial provisions of the National Bankruptcy Act as amended by section 80, the Imperial Irrigation District, a taxing district within the State of California, filed a petition for the readjustment of its debts. Pursuant to the requirements of section 80 the petition alleged that the District was unable to meet its debts and that a plan of readjustment had been accepted by 87.31 per cent of the creditors. Contestants, owners of petitioners' bonds, intervened. Held, section 80 of the National Bankruptcy Act as applied to the readjustment of the debts of an irrigation district …
Corporations-Amendment Of Corporate Charters-Power Of The Legislature To Authorize Changes In Intracorporate Affairs
Michigan Law Review
In 1819, in the leading Dartmouth College case, Justice Story suggested that a state might easily retain control over its corporations by the simple expedient of reserving the power to alter, amend, or repeal the charter. The states were quick to accept the suggestion, but the real extent of this reserved power has never been definitely ascertained. A minority of the state courts, led by New Jersey, have held that this reserved power extends only over the contract between the state and the corporation; whereas a great majority have adopted the view that it extends over the contract between the …
Alternatives In Government Control Of Economic Enterprise, Ralph F. Fuchs
Alternatives In Government Control Of Economic Enterprise, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stason, E.B., Cases And Other Materials On The Law Of Municipal Corporations, Ralph F. Fuchs
Book Review. Stason, E.B., Cases And Other Materials On The Law Of Municipal Corporations, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Corporations-Accommodation Guaranty-Effect Of Charter Provision
Corporations-Accommodation Guaranty-Effect Of Charter Provision
Michigan Law Review
The articles of the complainant business corporation authorized it "to guarantee interest, dividends, or other returns to the holders of securities or other obligations of other persons or companies in cases wherein it shall be advantageous to this company to do so." The corporation pledged to the defendant bank some of its bonds held in its treasury to secure the previously incurred personal indebtedness of its treasurer. In affirming a decree adjudging that the corporation was complete owner of the bonds, that the bank had no interest therein, and that the guaranty-pledge was ultra vires, the court held, that …