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Full-Text Articles in Law

Legislative Attack On "Heart Balm", Nathan P. Feinsinger May 1935

Legislative Attack On "Heart Balm", Nathan P. Feinsinger

Michigan Law Review

Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.


Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband May 1935

Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband

Michigan Law Review

Plaintiff sued for loss of the opportunity to bear children by her husband resulting from his emasculation caused by defendant's negligence. The court below dismissed the complaint. Held (one judge dissenting), judgment affirmed. Such a cause of action has never been recognized. It cannot be said that the wrong is the proximate cause of the loss because of the many elements of doubt and conjecture in connection with the birth of children. Landwehr v. Barbas, 24I App. Div. 769, 270 N. Y. S. 534 (I934).


Wills - Revocation By Change Of Circumstances Feb 1935

Wills - Revocation By Change Of Circumstances

Michigan Law Review

The testator executed his will providing that a termination of the marriage relation would make the provisions for his wife null and void. Subsequently, they separated, and, in anticipation of a divorce they agreed upon and carried into effect a property settlement providing that the wife should receive certain real estate, stock, and money in consideration of her surrender of all her rights of dower, alimony, and claims of support. A short time thereafter the wife sued for a divorce, but the action was discontinued when, in accordance with the testator's wishes, she went to live with him until his …


Conflict Of Laws - Foreign Marriage - Dower Jan 1935

Conflict Of Laws - Foreign Marriage - Dower

Michigan Law Review

Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …


Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy Jan 1935

Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy

Michigan Law Review

An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …