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Full-Text Articles in Law

Automobiles-Registration Of Title-Evidence Of Ownership Jun 1936

Automobiles-Registration Of Title-Evidence Of Ownership

Michigan Law Review

In an action for damages caused by the son's negligent operation of an automobile registered in his father's name, the court affirmed a judgment against the father as an owner consenting to the use of his automobile, and held that evidence of the son's ownership was properly stricken from the record, since unregistered transfers were void. Enfield v. Butler, (Iowa 1935) 264 N. W. 546.


Trusts - Commingling By Life Tenant Of Personalty Not An Act Which Necessarily Requires The Giving Of Security For Remainderman's Protection Jun 1936

Trusts - Commingling By Life Tenant Of Personalty Not An Act Which Necessarily Requires The Giving Of Security For Remainderman's Protection

Michigan Law Review

T, after certain other bequests, left the residue of his estate, consisting of personalty in the form of stocks, bonds, cash securities, out of which the debts of the estate were paid, to his wife for life, remainder to T's children. The wife commingled this fund with her personal funds, negligently, but not fraudulently. P, one of the remaindermen, brought a bill for accounting and appointment of a trustee, or at least for requiring security of the life tenant for P's protection. Held, mere negligent commingling by the life tenant does not alone constitute a …


Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan Apr 1936

Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan

Michigan Law Review

Modern decisions have provided an important device for the protection of creditors through extension of the duty of disclosure by persons in extreme financial distress. The remedy chiefly used is rescission, which can be secured on the ground of "fraud," with restitution of property transferred in ignorance of the purchaser's distressed condition. The "fraud" need not consist of express misrepresentation of fact, though express misrepresentation often appears as an independent ground leading to the same result. The commercial importance of the remedies thus developed seems to justify consideration both of their practical consequences and of the theories on which relief …


Contracts-Misunderstanding-Misrepresentation Of The Contents Of A Written Offer Jan 1936

Contracts-Misunderstanding-Misrepresentation Of The Contents Of A Written Offer

Michigan Law Review

Ordinarily, a man who signs a written contract is bound by its terms in the absence of a misrepresentation of the contents of the writing or mutual mistake, although he may be under a misapprehension in regard to what the writing contains. This is true though the signer cannot read because of illiteracy or blindness. The law, proceeding on an objective theory of mutual assent, holds that it is his duty to read, or, if unable to do so, to get someone else to read for him. But, while unilateral misunderstanding not known to or caused by the other party …


Corporations-Liability Of Officers Of Corporate Trustee For Breach Of Trust Jan 1936

Corporations-Liability Of Officers Of Corporate Trustee For Breach Of Trust

Michigan Law Review

Defendants were officers and directors of the Lincoln Trust Company, which was acting as trustee for the holders of certain bonds secured by a mortgage. Among other things, the trust instrument provided that the Trust Company should foreclose whenever a breach of the conditions of the mortgage should occur. The mortgagors defaulted on interest payments, but the Trust Company nevertheless advanced the amount of the interest to the bondholders without notifying them that the mortgagors had defaulted, the concealment being apparently for the purpose of maintaining the market value of the bonds. In an action brought by the successor trustee …