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Full-Text Articles in Law
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 …
Bills And Notes-Checks-Right Against Drawer-Presentation For Payment Within Reasonable Time
Bills And Notes-Checks-Right Against Drawer-Presentation For Payment Within Reasonable Time
Michigan Law Review
Defendant delivered a check on an Austin bank to the plaintiff at his farm, seven and one-half miles from Austin. On the fourth business day following, plaintiff deposited the check to his account with another Austin bank. Before the latter could collect, the drawee bank failed. From the date of the check to the drawee's failure, defendant had sufficient funds on deposit to pay the check. The plaintiff, on the three business days after receipt of the check, stacked corn fodder. His home was located on a good gravel road leading to Austin; and he owned an automobile. Held, …
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Michigan Law Review
The plaintiff's son borrowed the plaintiff's automobile for an evening's pleasure trip in which the plaintiff had no interest. While on this trip, the automobile was damaged as a result of the negligence of the defendant and the driver of the plaintiff's automobile. Held, the relation of the plaintiff to his son was that of bailor and bailee, but that the negligence of the bailee could not be imputed to the bailor so as to bar recovery for the damage to the automobile in an action against the negligent defendant. Robinson v. Waffen (Me. 1930) 151 Atl. 10.
Limitation Of Actions-Effect Of Fraudulent Concealment
Limitation Of Actions-Effect Of Fraudulent Concealment
Michigan Law Review
Plaintiff sued in equity for a money judgment on defendant's promissory notes. Defendant had fraudulently represented that her husband's estate was liable on these notes, inducing plaintiff to sue the estate and thus delay for more than six years in starting suit against defendant. Plaintiff had sued defendant at law on the notes, defendant had pleaded the statute of limitations, and plaintiff had discontinued. Held, that plaintiff could recover a money judgment in equity, since the remedy at law was barred by the statute of limitations. Dodds v. McColgan (N. Y. App. Div., 1930) 241 N. Y. S. 584.