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Full-Text Articles in Law
Corporations - Injunctive Relief Against Corporate Action Which Requires Unanimous Approval
Corporations - Injunctive Relief Against Corporate Action Which Requires Unanimous Approval
Michigan Law Review
A bill for an injunction to prevent the submission, at a stockholders' meeting, of a corporate by-law providing for extra dividends on stock owned by officers and employees, was maintained, on the ground that the proposed move was illegal and unauthorized by statute. Scott v. P. Lorillard Co. (N. J. Eq. 1931) 154 Atl. 515.
Review Of A Review, Charles E. Clark
Review Of A Review, Charles E. Clark
Michigan Law Review
In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Michigan Law Review
M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money
Michigan Law Review
There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Michigan Law Review
Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the …