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Articles 1 - 7 of 7
Full-Text Articles in Law
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Michigan Law Review
Suits in equity were brought in the federal district courts of Ohio and Pennsylvania against resident shareholders of Banco Kentucky Company, a bank-stock holding corporation. The purpose of the litigation was to enforce an assessment under the National Bank Act on the shares of an insolvent national bank which Banco owned. Ohio and Pennsylvania have six year statutes of limitations on such an action. They also have borrowing statutes, barring suit on a cause of action no longer enforceable in the jurisdiction in which it arose. The bank had been authorized to conduct its activities in Louisville, Kentucky, had engaged …
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Michigan Law Review
ln a Federal District Court in New York, plaintiff, a resident of Virginia, sued defendant, a Pennsylvania corporation doing business in New York and Virginia, for negligent destruction of plaintiff's warehouse in Virginia. Defendant moved to dismiss on the ground that suit in New York would not be proper because neither plaintiff nor defendant was a resident of New York, the cause of action arose in Virginia, and because suit in New York would work great hardship on defendant since it would be unable to compel the attendance of material witnesses resident in Virginia, nor could it join, as defendant, …
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff, a resident of New York, and a policyholder in defendant Illinois corporation, brought a suit in the United States District Court in New York to force one of defendant's directors and another corporation to account to defendant for alleged waste of its corporate assets. Defendant moved for dismissal on the grounds that the suit would involve interference with the internal affairs of a foreign corporation, and that. the suit in New York would work great hardship, since the defendant would be required to transport many records and witnesses from Illinois to New York at great expense. The suit was …
Bankruptcy - Chapter X Reorganization - Power Of The Trustee To Sue In A Foreign Jurisdiction, Shubrick T. Kothe S.Ed.
Bankruptcy - Chapter X Reorganization - Power Of The Trustee To Sue In A Foreign Jurisdiction, Shubrick T. Kothe S.Ed.
Michigan Law Review
Plaintiffs, trustees appointed under Chapter X of the Bankruptcy Act, as amended, by the District Court for the Eastern District of Virginia, sued defendants in the District Court for the Southern District of New York to recover corporate assets, alleging a conspiracy to defraud the debtor corporation. Jurisdiction was rested, not upon diversity of citizenship, but upon sections 2 and 102 of the Bankruptcy Act, and certain sections of the Judicial Code, not pertinent here. The district court dismissed the action for want of jurisdiction. On appeal, held, reversed. The reorganization trustee under Chapter X may maintain an action …
Corporations-Foreign Corporations-Jurisdiction In Derivative Suits, E. M. Deal S.Ed.
Corporations-Foreign Corporations-Jurisdiction In Derivative Suits, E. M. Deal S.Ed.
Michigan Law Review
As an aftermath of the much publicized circus fire in Hartford, Connecticut, on July 6, 1944, owners of 37 per cent of the stock of the circus corporation brought a derivative action against the officers and directors alleging failure to observe proper precautions and asking that the corporation be indemnified for losses sustained and for an accounting for certain corporation funds spent for the benefit of one of the- defendant directors. The suit was instituted in New York where the corporation was licensed to do business although the circus was incorporated in Delaware, wintered in Florida, and the cause of …
Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.
Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.
Michigan Law Review
Plaintiff, a citizen of Connecticut sued defendant, a citizen of Ohio, for injuries received when the car in which plaintiff was a passenger collided with a truck driven by defendant. Defendant removed the case from a Connecticut state court to a federal district court and then obtained an order citing plaintiff's husband, a citizen of Connecticut and the driver of the car in which plaintiff was riding, as a third-party defendant under Rule 14 of the Federal Rules of Civil Procedure. Defendant had no claim against the third party by Connecticut substantive law which does not recognize contribution between tort-feasors. …
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Michigan Law Review
The current volume in the Michigan Legal Studies, Problems in Probate Law: Model Probate Code, is an outstanding example of what can be achieved by the cooperation of a professional association and a well-financed and forward-looking law school. The Probate Division of the Section of Real Property, Probate and Trust Law of the American Bar Association initiated the project of preparing a model probate code and sponsored the project through to completion. The code is the Probate Division's proudest achievement. But the code would not have been possible without the Herculean labors of Professor Lewis M. Simes, Director of …