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Articles 9781 - 9810 of 11192
Full-Text Articles in Law
Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock
Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock
Michigan Law Review
On the insolvency of the Commonwealth Hotel Construction Co. and after, the creditors had been paid in full, there were assets on hand for distribution among the stockholders. The holders of partially paid stock requested that the assets be distributed in proportion to the amounts which the various stockholders had paid in. This in effect meant that the losses were to be proportional to the amounts paid in, instead of being proportional to the amounts which the stockholders had contracted to pay, and was resisted by the holders of fully paid stock as being inequitable. The chancellor (after holding in …
Libel - Plaintlff's Portrait-Story Concerning Another
Libel - Plaintlff's Portrait-Story Concerning Another
Michigan Law Review
Defendant published in a newspaper the picture of the plaintiff, Alta Woolf, under the headline, "Sued for Balm," and above a caption to the effect that "Mrs. Ruth Felgenauer (above) 11002 Nelson Ave." had been made defendant in an alienation suit. To the plaintiff's libel action, defendant demurred. Held, the trial court was correct in sustaining the demurrer because, in its entirety, the publication was not calculated to lead third persons to believe that it referred to plaintiff. Woolf v. Scripps Pub. Co. (Ohio, Ct. App. 1930) 172 N.E. 389.
Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds
Effect Of Tax Exemption And Tax Refunding Provisions On The Negotiability Of Corporate Bonds
Michigan Law Review
The Connecticut court in a series of recent cases has cast considerable doubt on the negotiability of bonds containing provisions for payment without deduction for taxes and for refunding of personal property taxes paid by the holder on account of the instrument. In Mechanic's Bank v. Johnson it held a promissory note containing a promise to pay taxes assessed against the instrument non-negotiable on the ground that the amount was uncertain. In Mazurkiewicz v. Dowholonek it held unconstitutional an act, passed after the earlier decision, establishing the negotiability of such instruments already in circulation, on the ground that it impaired …
Covenants - Effect Of Zoning Ordinances
Covenants - Effect Of Zoning Ordinances
Michigan Law Review
Plaintiff and defendant owned lots in a subdivision restricted of covenants to residences. The city council passed a zoning ordinance under which the lot owned by the defendant was classified for commercial uses. He secured a permit to erect a gasoline station on the lot and plaintiff sought an injunction restraining him from so doing. Held, that the zoning ordinance did not nullify or supersede the restrictive covenant and hence the injunction could properly be issued. Dolan v. Brown (Ill. 1930) 170 N.E. 425.
Landlord And Tenant-Equitable Remedies Of Landlord-Adequacy Of Remedy By Re-Entry
Landlord And Tenant-Equitable Remedies Of Landlord-Adequacy Of Remedy By Re-Entry
Michigan Law Review
Defendant held plaintiff's land under a year-to-year lease, which provided that plaintiff or his agents should have the right to enter in the fall to plow for future crops, with the general right of re-entry for breach of conditions. The term was to end on March 1. In the preceding September, defendant refused to allow plaintiff's new tenant to enter for plowing. The plaintiff asked for an injunction against this interference. Held, there was an adequate remedy at law by exercising the right of re-entry in connection with an action of forcible entry and detainer. Vance v. Sumner (Neb. …
Aerial Navigation
Michigan Law Review
With the rapid increase of the use of the air by airplanes and other craft, courts are bound to be called upon frequently to determine the rights and liabilities of the owners and operators of aircraft with reference to other persons in various positions. It is probable that, as was found to be true in the cases of other new devices, the principles of the common law are sufficiently elastic and adaptable to determine the settlement of most, if not all, of the controversies.
Recovery On Negotiable Instruments After Blanks Improperly Filled
Recovery On Negotiable Instruments After Blanks Improperly Filled
Michigan Law Review
At the request of a debtor a person signs a note, the amount being left blank, but on the understanding that it should be filled in with the amount of a certain account; by the principal debtor the incomplete note is delivered to the agent of the payee with instructions to fill in the amount of the account as agreed with the surety; the payee's agent, however, fills in a much larger amount. What if anything, should the payee recover from the surety in a suit on the note? A late case in Indiana allows recovery in the amount which …
Review: Die Völkerrechtliche Stellung Irlands.
Review: Die Völkerrechtliche Stellung Irlands.
Michigan Law Review
A review of DIE VÖLKERRECHTLICHE STELLUNG IRLANDS. By Michael Rynne.
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
Michigan Law Review
The Fourth Amendment of the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The so-called "self-incrimination clause" of Amendment V reads as follows: "No person * * * shall be compelled in any criminal case to be a witness against himself."
International Standing In Court Of Foreign Corporations, Elvin R. Latty
International Standing In Court Of Foreign Corporations, Elvin R. Latty
Michigan Law Review
The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …
Taxation-Jurisdiction To Tax Intangibles
Taxation-Jurisdiction To Tax Intangibles
Michigan Law Review
Until recently the fact that one state had jurisdiction to tax intangibles was no basis for asserting that another state did not, there being apparently no constitutional impediment to double taxation. Nor did the fact that a state lacked jurisdiction to tax property in intangibles necessarily imply an absence of power to tax succession to that property. Both doctrines have been repudiated by the United States Supreme Court in Farmer's Loan & Trust Co. v. Minnesota and Baldwin v. Missouri, decided during the last term.
Aliens-Right To Hold Propsrty-Effect Of Statutes
Aliens-Right To Hold Propsrty-Effect Of Statutes
Michigan Law Review
An alien testator devised land to her son, which property was seized during the World War by the defendant Alien Property Custodian as belonging to an alien enemy. Von Zedtwitz v. Sutherland, 58 App. D. C. 153, 26 F.(2d) 525. The plaintiffs sued the son in Kentucky, where part of the land was located, and the Alien Property Custodian in this suit to recover the property on the theory that after the eight-year period which the laws of Kentucky allowed the alien heir in which to dispose of the realty, the title vested in them as next of kin …
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Michigan Law Review
The owner conveyed part of a tract of land to the plaintiff's granter with the oral agreement that no building should be constructed within seven feet of the part conveyed, and subsequently conveyed the part retained to the defendant's granters with the covenant that no building be erected within seven feet of the part previously conveyed. Defendant began construction of a building which would cover the seven feet in question. Plaintiff sought an injunction. With approval of the finding below that the restriction was imposed for the benefit of the land now owned by the plaintiff, held, that the …
Business Trusts-Limited Liability Of Members
Business Trusts-Limited Liability Of Members
Michigan Law Review
The defendant company, established as a business trust, contracted a debt with the plaintiff who had full knowledge of a stipulation in the declaration of trust under which the defendant was organized limiting the liability of its members. He now attempts to hold the members to a personal and unlimited liability. Held, that although the court will not decide as to the legality of this so-called business trust, yet the plaintiff can not hold the defendant members to a liability as individuals since in dealing with the organization he had full knowledge of the intent of the members to …
Conflict Of Laws-Jurisdiction
Michigan Law Review
Appellant, a resident of Iowa, was ordered by the military department of the United States to take his troops to Fort Snelling, Minnesota, for a training period, during which time he was served with summons to appear in the district court of Ramsey county. Appellant filed a motion to quash, on the grounds that the Minnesota court had no jurisdiction since he was on a military reservation belonging to the United States and claimed privilege from service because he was involuntarily there in obedience to orders. The motion was overruled and judgment was entered against him. Held, if the …
Conflict Of Laws-Which Law Governs The Essential Validity Of A Warrant Of Attorney To Confess Judgment Contained In Another Instrument
Michigan Law Review
Defendant executed a promissory note in Michigan which contained a warrant of attorney authorizing the confessing of judgment by an attorney of any court of record. By statute in Michigan, such a power must be in a separate instrument before a pro confesso judgment can be entered. Plaintiff, an indorsee of the note, got a judgment rendered on the note in Illinois by virtue of such authorization. He then brought suit in Michigan upon this Illinois judgment. Held, the validity of the power is governed by the law of the place of contracting and so a judgment rendered under …
Constitutional Law-Due Process-Procedure
Constitutional Law-Due Process-Procedure
Michigan Law Review
New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …
Constitutional Law-Usury-Corporations
Constitutional Law-Usury-Corporations
Michigan Law Review
The complainant corporation filed a bill in chancery to set aside the foreclosure of a mortgage on the ground of usury. Public Acts of Michigan, 1927, No. 335, pt. 2, c. 1, sec. 1, and pt. 2, c. 2, sec. 12, amending Public Acts, 1921, No. 84, provided that a corporation could not set up the defense of usury. The complainant contended that this statute was invalid, being class legislation and hence a violation of the "equal protection of the law'' clause of the Fourteenth Amendment to the federal Constitution. Held, that the classification was reasonable and did not …
Corporations - Directors - Power Of Shareholders To Fill Vacancies
Corporations - Directors - Power Of Shareholders To Fill Vacancies
Michigan Law Review
One of a directorate of three having resigned in the middle of his term, a special stockholders' meeting was called to fill the vacancy, and defendant was elected to finish the term. The relator, a stockholder and director, brought a writ of quo warranto to oust the defendant on the ground that the Corporation Act (ch. 32, sec. 21, par. 5, Ill. Rev. Stat. Cahill, 1929) provided that "the directors shall fill all vacancies which may happen in the board * * * by death, resignation, or otherwise, until the next annual meeting of the stockholders," and that therefore the …
Corporations-Domicile Of A Federal Corporation-United States Joint-Stock Land Bank
Corporations-Domicile Of A Federal Corporation-United States Joint-Stock Land Bank
Michigan Law Review
Plaintiff sought to recover a personal judgment against the defendant, a federal corporation, whose domicile and principal offices were, according to its charter, located in Chicago, Illinois. The corporation was authorized to transact business in contiguous states and it did transact business in Iowa, although it had no office, nor any agent or representative in that state. Suit was filed in the Iowa court and, after service of the original notice on the vice-president of the corporation in his office in Chicago, the lower court rendered judgment for the plaintiff. On appeal the Iowa supreme court reversed the decision and …
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Michigan Law Review
Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …
Evidence-Prior Inconsistent Statement-Corroborative Testimony
Evidence-Prior Inconsistent Statement-Corroborative Testimony
Michigan Law Review
W, a witness for the prosecution in a murder trial, testified that he had known the defendant about five years before, and was sure he was one of the two men who fired the fatal shots. On cross examination he was asked whether or not he had testified at a preliminary hearing to the effect that he had never known or seen the man before the date of the murder. He admitted the inconsistency, but on redirect examination was permitted to explain that he had not properly understood the question put to him at the preliminary hearing. The prosecution was …
Garnishment-Foreign-Double Liability
Garnishment-Foreign-Double Liability
Michigan Law Review
Plaintiff, a resident of New York, obtained a judgment in Connecticut against El Saieh, a resident of Haiti, the court in that action obtaining jurisdiction by garnishment of a debt owed El Saieh by defendant, a Connecticut corporation, which was served with garnishment process, and admitted an obligation to El Saieh based on a policy of fire insurance issued through its agency in Haiti on a stock of goods located there. Plaintiff then sought to enforce the judgment against the defendant garnishee, which set up a defense of double liability, contending that under the laws of Haiti it was absolutely …
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.
Pleading-Combining Alternative Allegations And Reliefs
Pleading-Combining Alternative Allegations And Reliefs
Michigan Law Review
Defendant musicians' association had ordered defendant orchestra to terminate its services with plaintiff restaurant, whereupon plaintiff filed a so-called alternative bill praying relief. The first set of allegations stated a written contract with the association by which it was to furnish as its agents an orchestra, added that it was mutually understood that defendant orchestra was meant, and prayed that the association be ordered to specifically perform. The alternative bill made no mention of the written contract, but set out an oral one with defendant orchestra with which defendant association was maliciously and without right interfering, and prayed that defendant …
Taxation-Exemption Of Sovereign Instrumentality-Effect Of Imposing Tax
Taxation-Exemption Of Sovereign Instrumentality-Effect Of Imposing Tax
Michigan Law Review
Plaintiff corporation brought suit against the collector of internal revenue for federal income taxes paid under protest. The taxes were assessed upon the net income derived from the sale of oil and gas produced on lands which the plaintiff held under lease from the state of Texas. A legislative act provided for the leasing of the lands to further the development of their natural resources, the lessees paying a royalty on oil and gas. The statutory leases had been previously held to constitute a sale of the minerals. Theisen v. Robison, 117 Tex. 489, 8 S.W. (2d) 646. The statute …
Taxation Inheritance-Computation Of Gain On Property Acquired From Estate-Date Of Acquisition
Taxation Inheritance-Computation Of Gain On Property Acquired From Estate-Date Of Acquisition
Michigan Law Review
Plaintiff was residuary legatee under the will of his father who died in 1918. The estate was administered and closed in 1920 and certain stocks and bonds were then delivered to plaintiff. Subsequently he sold the securities and in making his federal income tax return he computed his gain on the basis of 1920 values which were higher than the 1918 values. The Revenue Act of 1921 sec. 202 (a) (3), 213 provides that for the purpose of determining profit or loss from sale of property acquired by bequest, devise or descent since Feb. 28, 1913, the basis "shall he …
Taxation-Transfer Tax On Death Of Settlor Of Trust Wherin Income Was Reserved
Taxation-Transfer Tax On Death Of Settlor Of Trust Wherin Income Was Reserved
Michigan Law Review
Section 401, Revenue Act of 1918 provided that in order to determine the transfer tax, there should be included in the gross estate "any interest therein of which the decedent has at any time made a transfer, or with respect to which he has at any time created a trust, in contemplation of or intended to take effect in possession or enjoyment at or after his death * * *." The decedent transferred to her husband and others, as trustees, securities in trust to collect the income and pay the balance after discharging expenses to the husband for life, after …
Trusts-Apportionment Of Extraordinary Dividend From Sale Of Property By Realty Company Between Life Tenant And Remainderman
Michigan Law Review
After death of the testator, leaving his wife shares in a realty company as part of the residue of his estate in trust to receive the rents, profits, and income of the same for her natural life, the company sold the greater portion of its property and declared a cash dividend of 100 per cent. Held, that it belonged to the remainderman and not the life beneficiary. In re Jackson's Will, 239 N. Y. S. 362.
Trusts-Degree Of Duty To Which A Trust Is Bound
Trusts-Degree Of Duty To Which A Trust Is Bound
Michigan Law Review
In an accounting proceeding certain objectors sought to surcharge the Fulton Trust Company of New York, as testamentary trustee, for loss in the trust fund due to the retention of securities taken over from the executors at the time the trust was set up, seven years previous to the accounting. The securities, consisting of stocks in sugar companies, had greatly decreased in value. The trustee was not charged with having acted in bad faith, but with negligence in having retained the securities, although authorized to do so by the will. Held, that much more was expected from a trust …