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Gifts Causa Mortis - Contemplation Of Suicide
Gifts Causa Mortis - Contemplation Of Suicide
Michigan Law Review
The testator, suffering from melancholia and contemplating suicide, purchased a certificate of stock in the name of his brother and caused it to be deposited in a bank by the latter. Over two months thereafter, the testator stated, in effect, that in the event of his death the certificate should become the brother's property. Held, in affirming the allowance of the final account of the executor, that the transfer of the certificate was a valid gift causa mortis. In re Van Wormer's Estate, 255 Mich. 399, 238 N.W. 210 (1931).
Torts - Malpractice - Master And Servant
Torts - Malpractice - Master And Servant
Michigan Law Review
The plaintiff, on threat of discharge from employ of defendant in case of refusal, submitted to a physical examination by a physician retained by the defendant. In making the examination the physician negligently caused a hernia. Held, the suit was not barred by the one year period of limitation on actions for malpractice because no physician-patient relation had been established, there having been nothing more than an examination, and that for the sole benefit of the defendant. Defendant was liable for the acts of the physician on the basis of respondeat superior. New York Central R.R. v. Wiler …