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Articles 181 - 210 of 218
Full-Text Articles in Law
Bills And Notes-Holders In Due Course-Good Faith Taker
Bills And Notes-Holders In Due Course-Good Faith Taker
Michigan Law Review
The plaintiff bank sued the defendant maker on his promissory note which with several others had been given as collateral by the payees for a loan made to them by the bank. The defendant alleged fraud and that the bank did not take in good faith as required by the Uniform Negotiable Act, Gen. Laws 2921 (N. I. L., sec. 52) because of the following circumstances: inconsistent property valuation reports, knowledge of the slight financial responsibility of one of the makers of the note, insufficient investigation of financial status of one of the guarantors and the lack of a financial …
Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment
Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment
Michigan Law Review
P applied for a position as switchman with the defendant company. Defendant company had a rule that no one should be employed over the age of 45. Employees who had reached the age of 65 were pensioned but this limit was extended in some cases to 70. To gain employment, P, who was 49, represented that he was 38. He was accepted, and worked for 7 years when he was injured through defendant's negligence while engaged in interstate commerce. Held, his misrepresentation to gain employment did not bar recovery under the Federal Employers Liability Act, it not appearing that …
Bills And Notes - Is One Assuming Liabilities To The Creditors Of His Transferor A Holder In Due Course
Michigan Law Review
The plaintiff entered into an agreement whereby it was to receive all the assets of an insolvent bank as consideration for the assumption of certain specified liabilities. Among the assets was a note upon which the plaintiff is now suing a prior indorser. Although it was the intention of the defendant to indorse as agent in accordance with the request of the insolvent bank, on the face of his endorsement he indorsed individually. Held, that since the plaintiff was not a holder in due course, the note was subject to the same defenses in the hands of the plaintiff …
Torts - Fraud - Spoliation Of Will
Torts - Fraud - Spoliation Of Will
Michigan Law Review
In a suit in tort for damages, plaintiff alleged that defendant, heir-at-law of the decedent, suppressed a genuine will under which the plaintiff was devisee, and forged and fraudulently probated a will which did not contain the devise to the plaintiff who remained in ignorance of both the fraud and the existence of the genuine will for more than twenty years. The defendant demurred. Held, that the plaintiff has a cause of action in tort. Morton v. Pettit, 38 Ohio App. 348, 176 N.E. 494 (1930), aff'd., (Ohio 1931) 177 N.E. 591.
Bills And Notes - Post-Dated Checks - Criminal Liability
Bills And Notes - Post-Dated Checks - Criminal Liability
Michigan Law Review
The defendant was indicted for violating a statute which prohibited the drawing of a check with knowledge that funds were insufficient for payment. (Laws of S. D., 1923, c. 121.) The statute provided for abatement of any criminal prosecution upon the defendant's showing that he had an account with the drawee bank thirty days before the check was delivered and had no intent to defraud, and also paid the amount of the check and costs. It was also provided that the statute was inapplicable if the drawee honored the check. The defendant had drawn what is known as a post-dated …
Corporations - Rescission Of Contract Procured Through Fraud
Corporations - Rescission Of Contract Procured Through Fraud
Michigan Law Review
P purchased shares of stock in S Company through the fraud and misrepresentation of his agents in collusion with the agents of the S Company. Upon discovery of the fraud, P tendered back a number of shares equal to the number received by himself and his innocent associates. In the meantime, P had resold part of the shares at a higher price. Held, P must also tender the profit resulting from the resale and subsequent purchase of equivalent shares in a fallen market, together with any dividends paid on stock and interest from date of payment. Marr v. Tumulty …
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
Michigan Law Review
The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Michigan Law Review
On an exchange of property the defendant's agent, to induce the trade, fraudulently overvalued the defendant's property, and fraudulently undervalued certain taxes and assessments for which the plaintiff would be liable. Held, such statements by a vendor amounted to mere sales talk and opinion, and would be no basis for an action for fraud. Deshatreaux v. Batson (Miss. 1930) 131 So. 346.
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Michigan Law Review
The Bankruptcy Act of the United States provides for the preservation of liens against a bankrupt's property not specifically declared by the Act itself to be dissolved because of fraud or because obtained within four months prior to the filing of the petition in bankruptcy. A discharge in bankruptcy protects the bankrupt from personal liability but does not affect valid and subsisting liens. These may be enforced after the discharge is granted
Review: A Textbook On Law And Business, J. Wayne Ley
Review: A Textbook On Law And Business, J. Wayne Ley
Michigan Law Review
A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Michigan Law Review
Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Michigan Law Review
The plaintiff and the defendant, husband and wife, were tenants by the entireties in certain real estate. Fearing an action by a supposed creditor against the husband, they conveyed without consideration to a third person who subsequently conveyed to the wife. This was done on the advice of counsel. There was an oral understanding between the plaintiff and the defendant at the time of this conveyance that the husband's interest should be reconveyed in the same roundabout manner after any danger of suit had passed. Due to wise investments on the part of the wife this property became very valuable. …
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Michigan Law Review
The defendants, accountants, examined the books of the Stern Co., knowing that their balance sheet and 32 certified copies would be exhibited as a basis for future credit, but not knowing of the plaintiff particularly. Through negligence they failed to discover and report insolvency. Relying upon the report showing a solvent concern plaintiff extended credit to the Stem Co. He sued for his loss in two counts, negligence and fraud. Held, defendants had no duty to plaintiff to exercise due care, so he can not recover for negligence in the examination. But defendants might be liable for fraud as …
Trusts - Cancellation - Beneficiaries As Necessary Parties
Trusts - Cancellation - Beneficiaries As Necessary Parties
Michigan Law Review
The plaintiff deeded property to the defendants in trust, for herself for life and on her death to certain named persons. Plaintiff sued the defendants alone for revocation on the ground of fraud and duress. Held, the issue of fraud could not be tried in the absence of the living cestuis. McKnight v. Bank of N. Y. & Trust Co., 254 N. Y. 417, 173 N.E. 568.
Property-Meander Lines As Boundaries
Property-Meander Lines As Boundaries
Michigan Law Review
In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …
Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor
Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor
Michigan Law Review
The plaintiff, drawee, sued to recover money paid to the defendant on a certified check in which the name of the payee had been cleverly altered, and which had been indorsed and negotiated by the substituted payee. The plaintiff had certified the check prior to the negotiation to the defendant, an innocent purchaser for value. Held, that under sec. 62 of the N. I. L. the acceptor "engages that he will pay it [the instrument] according to the tenor of his acceptance; and admits, * * * 2. The existence of the payee and his then capacity to indorse"; …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.
Bills And Notes -- Principal And Agent--Payment To Agent Of Drawer Upon Indorsement Forged By The Agent
Michigan Law Review
A was an agent of P for the purpose of securing applications for loans and disbursing the money to the borrowers. The custom was for P, after approving the application, to send to A a check drawn on D bank, payable to the joint order of A and the borrower. It was also the custom for A, in following out the course of dealing outlined by P, to secure the borrower's indorsement, add his own, deposit the check to an agency account in X bank, and then pay out the money to the borrower by personal checks on his agency …
Quasi-Contracts--Duress--Tort Action For
Quasi-Contracts--Duress--Tort Action For
Michigan Law Review
The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Forestalling, Regrating And Engrossing, Wendell Herbruck
Forestalling, Regrating And Engrossing, Wendell Herbruck
Michigan Law Review
The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …
Corporations-Consolidation And Merger-Liability For The Obligations Of The Old Company-American Railway Express Company Cases
Michigan Law Review
Following the taking over of the railroads under proclamation of the President dated December 26, 1917, it was suggested by Mr. McAdoo, Director General of Railroads, that various express companies whose contracts with the railroads for transportation of goods pursuant to the general conduct of the express business had been virtually annulled by the proclamation, should form a new corporation, transfer to it property used in the express business and receive in consideration stock in the new company. The Director General made the suggestion to expedite the nation's war time transportation, and it was immediately accepted by the companies. He …
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Michigan Law Review
Where a breach of contract takes place several courses of conduct are normally open to the aggrieved promisee. He may bring an action for damages. He often may rescind for the breach. He sometimes may sue for specific performance. He may accept later performance on account. He may try to persuade the defaulting party to live up to the contract. He may for the time being ignore both the contract and the breach. If he follows certain of these courses of conduct others may thereby become impossible. He thus has an election of remedies, a choosing between inconsistent courses of …
Telegraph, Telephone And Wireless-Tapping
Telegraph, Telephone And Wireless-Tapping
Michigan Law Review
A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …
Insurance-Incontestability Clauses-What Will Amount To A Contest
Insurance-Incontestability Clauses-What Will Amount To A Contest
Michigan Law Review
The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all …
Trusts-Trust Estates As Bona Fide Purchasers
Trusts-Trust Estates As Bona Fide Purchasers
Michigan Law Review
The doctrine of bona fide purchase is of ancient origin. It has had many significances and interpretations attached to it. At one time it was explained entirely by the special nature of equity and equitable remedies. Maitland used it to show that equities were rights in personam. That the doctrine is no gauge for the quality of the prior estate was shown by Dean Pound, since legal titles may also be cut off. The doctrine has been criticized as anomalous. Two other writers have taken rather different views of the rule. Mr. J. E. Hogg suggests that the bona …
Arson-Statutory Chance Of Common Law Requisites
Arson-Statutory Chance Of Common Law Requisites
Michigan Law Review
At common Jaw, arson was a clearly defined felony, including only certain kinds of burnings. According to Lord Coke, it was the malicious and voluntary burning!' of the house of another by night or by day, 3 INST. 66. There were certain well-understood essentials constituting the crime. The structure must have been a house or an out-house; it must have been the house of another; it must have been inhabited, though not actually occupied, at the time of the burning. The structure must have been a completed one; there must have been an actual burning-at least to the extent of …
Imprisonment For Debt, Richard Ford
Imprisonment For Debt, Richard Ford
Michigan Law Review
Imprisonment for debt is usually thought of as a barbarous custom which declined continuously as civilization and Christianity advanced and which was totally done away with long ago. The facts, however, are otherwise. It seems doubtful if history warrants any generalization to the effect that the imprisonment of debtors has been a steadily declining practice. Certain it is, that in a greater or less degree it exists today in many parts of the United States, in England, and in some other countries. Moreover, creditors are making use of it on a comparatively large scale. It is the purpose of this …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Michigan Law Review
It has been laid down that as a general rule the doctrine of estoppel has no application to infants. 31 C. J. 1005; 22 CYC. 512. But many cases recognize an exception to this general rule, where the infant has reached the age of discretion and has intentionally and fraudulently made misrepresentations. A common case is that in which the infant has induced a person to enter into a contract with him, by fraudulently representing himself to be of age. As to whether or not he will be estopped from setting up his infancy, in a suit on such contract, …