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Bills And Notes - Promissory Notes - Negotiability At Common Law Dec 1932

Bills And Notes - Promissory Notes - Negotiability At Common Law

Michigan Law Review

Defendant contractors left a check for materialmen in the hands of a third party who appropriated the check to his own use and then, in lieu thereof, gave his own note to the materialmen who endorsed it to a bank and credited the contractors with the amount of the note. In an action by the materialmen against the contractors for services rendered and materials furnished, held, such acceptance and negotiation constituted a payment of the materialmen's claims. Riedman v. Macht, (Ind. App. 1932) 182 N. E. 87.


Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation Mar 1932

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation

Michigan Law Review

At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.


Conflict Of Laws-Judicial Notice Of Foreign Law Mar 1932

Conflict Of Laws-Judicial Notice Of Foreign Law

Michigan Law Review

Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …


Crimes-Larceny-By Wife From Husband Feb 1932

Crimes-Larceny-By Wife From Husband

Michigan Law Review

A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).


Transfer Of Future Interests, W. Lewis Roberts Jan 1932

Transfer Of Future Interests, W. Lewis Roberts

Michigan Law Review

In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.