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Articles 1 - 14 of 14
Full-Text Articles in Law
Finders-Rights As Against The Owner Of The Locus In Quo, Helen G. Wilson
Finders-Rights As Against The Owner Of The Locus In Quo, Helen G. Wilson
Michigan Law Review
Two recent decisions, Flax v. Monticello and Hannah v. Peel, have again called attention to the problem of the rights of a land occupant to possession of an article found on his land. Typical of the conflicts which the finders cases as a group present, these courts reached opposite results on similar facts. In the Flax case, a guest found a diamond brooch on the dresser of his hotel room. The brooch had been placed there by a cleaning maid who was under the impression that it belonged to him. As between the guest, who claimed as finder, and …
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Michigan Law Review
Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of …
Finders-Occupant Of Locus Versus Finder
Finders-Occupant Of Locus Versus Finder
Michigan Law Review
The plaintiff, a painter employed by defendant, the proprietor of a hotel, to redecorate a certain room therein, found a roll of old style bills under a rug in that room. He turned the money over to the defendant who stated that he "knew the true owner thereof," and that he would deliver to such owner. The owner never was located, and apparently defendant made no effort to locate him. About two years after the finding plaintiff demanded the money. The demand being refused, action was started. Held, plaintiff should recover. Erickson v. Sinykin, (Minn. 1947) 26 N.W. …
Negligence-Proximate Cause, W. Stirling Maxwell
Negligence-Proximate Cause, W. Stirling Maxwell
Michigan Law Review
An owner left his car in defendants' parking garage with the key in the ignition. Defendants' employee stole the car and loaned it to X who had no knowledge of the theft. X, while driving the car, ran into plaintiff nearly twelve hours after the theft. Held, as a matter of law defendants were not guilty of negligence. Assuming, however, that defendants were negligent, such negligence was not the proximate cause of plaintiff's injuries. Howard v. Swagart, (App. D.C. 1947) 161 F. (2d) 651.
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Michigan Law Review
Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Michigan Law Review
The administrator of the Office of Price Administration began an action on behalf of the United States against the defendant to enforce certain penalties for the violation of the Emergency Price Control Act. While the action was pending the administrator was succeeded in office. Counsel for the government, however, failed to move to substitute his successor as a party plaintiff until more than six months thereafter. The defendant then moved to dismiss the action on the grounds that unless such substitution was made within the six months specified by section 780 of the Judicial Code and Rule 25(d), Federal Rules …
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Michigan Law Review
Plaintiff purchased a cashier's check from X Bank payable to himself. He indorsed the check in blank and immediately below stamped it, "Pay to the order of Bank of America, National Savings and Trust Association, S. & R. Produce Co." Plaintiff then gave the check to one R with whom he had agreed to enter into business under the name of the S. & R. Produce Company. R took the check to Y Bank which at his request blocked out the special indorsement without the knowledge or consent of plaintiff. R then indorsed the check and deposited it to his …
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Michigan Law Review
For some lawyers, perhaps, the term "Restitution," as a title in the classification of our law, sprang Athena-like from the head of the American Law Institute, when, in 1937, it published The Restatement of the Law of Restitution. Yet the subject matter included under this title is far from new; it is simply a grouping together of the common law Quasi Contract--the "contract implied in law" of an earlier day--and the corresponding right to equitable relief to prevent an unjust enrichment. Although the name may be unfamiliar its importance is indicated by the following statement by Lord Wright.
Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed.
Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed.
Michigan Law Review
It is almost an axiom of the common law that upon the death of a person the title to his personal property vests in his personal representative. On the other hand it is equally axiomatic that title to real property descends directly to the heirs or devisees, subject to the control of the personal representative and the probate court for purposes of satisfying the debts of the decedent in the absence of sufficient personalty. A number of jurisdictions, however, have by statute altered the common-law doctrine and have provided that title to both personalty and realty passes directly to the …
Deeds--Co-Tenancy--Conveyance By Grantor To Himself And Wife, John F. O'Connor S.Ed.
Deeds--Co-Tenancy--Conveyance By Grantor To Himself And Wife, John F. O'Connor S.Ed.
Michigan Law Review
Decedent executed a deed conveying to himself and wife "as joint tenants and not as tenants in common with the right of survivorship." After decedent's death, the surviving spouse, plaintiff in this action for specific performance, entered into a contract to sell the land described in the conveyance to defendants who declined to accept a deed from the plaintiff. Defense, that the conveyance executed by decedent did not create a joint tenancy, therefore plaintiff did not have full title to convey. Held, the deed created a joint tenancy with the right of survivorship in the wife, the surviving wife …
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Michigan Law Review
Three installment notes were pledged to the plaintiffs by the payee as security. At the time plaintiffs took the notes, the first installment of each was overdue and unpaid. In an action by plaintiffs against the makers, the latter pleaded in defense failure of consideration and fraud on the part of the payee. Held, plaintiffs were not holders in due course and consequently took the notes subject to the defense of the makers. Bliss v. California Co-op. Producers, (Cal. 1946) 172 P. (2d) 62.
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Modern general corporation acts commonly provide that a sale of all or substantially all of the assets of a corporation organized thereunder may be authorized by the affirmative vote of a specified proportion of the outstanding shares and made upon such terms as the board of directors shall deem expedient and for the best interests of the corporation. Since this sale provision usually stands apart from the dissolution or winding-up process authorized in the same acts, a legislative intent to govern all voluntary sales, not actually incident to dissolution by the terms of the statute would seem to be clear. …
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Michigan Law Review
Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.