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Full-Text Articles in Law
Wills - Validity Of Clause Restricting Alienation Of A Legacy During Administration, Herbert R. Whiting
Wills - Validity Of Clause Restricting Alienation Of A Legacy During Administration, Herbert R. Whiting
Michigan Law Review
A Pennsylvania court in Horton's Estate held that legacies are subject to garnishment by a creditor of the legatee while the property is in the hands of the deceased's executor. The case also intimated that had the testator so provided in his will this process would not lie and the creditor would have to stand by until possession of the property passed to the legatee. This last bit of dictum has since been established as the law of Pennsylvania by Holmesburg Building Association v. Badger.
Principal And Surety - Right Of Surety To Subrogation To Claim Of Creditor Against Insolvent National Bank, William C. Whitehead
Principal And Surety - Right Of Surety To Subrogation To Claim Of Creditor Against Insolvent National Bank, William C. Whitehead
Michigan Law Review
At the closing of defendant bank the commonwealth of Pennsylvania had on deposit $135,000, which was secured by the bond of defendant with plaintiff as surety, and a pledge of bonds of $12,000 par value. The commonwealth received the first dividend, amounting to forty per cent, and plaintiff paid the balance, subtracting $12,441.44 obtained on the intermediate sale of the bonds. Plaintiff contends that it is entitled to subrogation on the basis of the full amount of the original claim of the commonwealth against defendant; and that dividends subsequent to the first should be paid on that claim, although not …
Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review
Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review
Michigan Law Review
Defendant municipality issued bonds redeemable before maturity at defendant's option. There was no provision for registration, and neither the statute nor the bonds provided for notice of redemption. In May,1938, notice was published in newspapers of general circulation that the bonds were to be redeemed on June 1. Plaintiff, owner of the entire issue, did not know of the redemption until September 27. It sued for interest from June 1 to September 27. Held, notice by publication is sufficient to stop the running of interest, and plaintiff is therefore not entitled to recover. Philadelphia Savings Fund Society v. City …
Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager
Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager
Michigan Law Review
The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …
Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb
Michigan Law Review
Complainants, small steel companies in eastern Pennsylvania, Maryland and Connecticut, brought this action to enjoin the secretary of labor and others from applying the provisions of the Public Contracts Act, as construed, to the iron and steel industry. It was contended that the secretary's wage determination was the result of an erroneous interpretation of the word "locality" as included in the act. The district court dismissed the complaint. Upon appeal the Court of Appeals of the District of Columbia granted the injuction. On certiorari, held, reversed. The complainants have no standing in court to sue. Perkins v. Lukens Steel …