Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Bankruptcy - Suspension Of State Statutes Regulating General Assignments
Bankruptcy - Suspension Of State Statutes Regulating General Assignments
Michigan Law Review
An insolvent debtor made a voluntary assignment of. all his property to the defendants for the benefit of his creditors. The plaintiff, a nonassenting creditor, brought garnishment proceedings against the defendants, contending that the state statute governing general assignments had been suspended by the National Bankruptcy Act. The Wisconsin Supreme Court was of the opinion that only that portion of the Act which provides for a discharge of the assignor from his debts was suspended. On appeal to the United-States Supreme Court the decision was affirmed. Pobreslo v. Joseph M. Boyd Co., 287 U. S. 518, 53 Sup. …
Contracts - Duration Of Employment When No Time Is Specified
Contracts - Duration Of Employment When No Time Is Specified
Michigan Law Review
The plaintiff, claiming a contract from year to year, sued to recover for the unexpired portion of the second year of his employment which defendant had terminated. The offer, made and accepted by mail, was for "the position of General Sales Manager at a salary of $15,000 per year to begin with . . . . " It further appeared that plaintiff had moved from New York to Milwaukee, that he had been making more money per year prior to this employment, and that payment by defendant had been made monthly. Held, that the hiring was indefinite and terminable …
Taxation - Property Subject To Inheritance Tax - Effect Of Reservation Of Life Income
Taxation - Property Subject To Inheritance Tax - Effect Of Reservation Of Life Income
Michigan Law Review
A father conveyed real estate to his daughter three years before his death by warranty deeds, absolute on their face but with the oral understanding that the father was to have all the income from the property during his lifetime. In a letter which the daughter wrote to her father several years later the terms of this oral agreement are given, but this letter, set forth in the statement of facts, is apparently not relied on by the court since no mention of it is made in the opinion. Held, that the gift was taxable under the inheritance tax …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Michigan Law Review
In a contract for the sale of sixty-three lots of a subdivision, the defendant agreed to take the purchase money by installments extending over a period of eighteen months, and promised to convey the premises free from encumbrances when twenty-five per cent of the sale price was paid. While the plaintiff was not in default the defendant mortgaged the entire subdivision to one who was not charged with notice, to secure the payment of bonds some of which did not mature for five years. Stipulations m the mortgage allowed the release of any lot on deposit with the mortgagee of …
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Michigan Law Review
Appellant attempted in one appeal and with a single notice of appeal to have reviewed two separate and disconnected appealable orders of the lower court made prior to final judgment, namely, an order granting a temporary injunction and an order overruling a demurrer to the complaint. Respondent moved to dismiss the appeal. Held, the appeal was duplicitous and therefore must be dismissed without leave to amend because the time for appeal was past. Grieves v. Danaher, (S. D. 1932) 243 N. W. 916.
Contracts - Statute Of Frauds - Moral Obligation As Consideration
Contracts - Statute Of Frauds - Moral Obligation As Consideration
Michigan Law Review
The defendant, who gave the plaintiff, a real estate broker, a promissory note for services rendered pursuant to an oral contract within the statute of frauds, was held liable thereon, since he had received material pecuniary benefit under circumstances giving rise to a moral obligation to pay. Elbinger v. Capitol & Teutonia Co., (Wis. 1932) 242 N. W. 568.
Executors And Administrators-Who Is Entitled To Appointment
Executors And Administrators-Who Is Entitled To Appointment
Michigan Law Review
The administration of the decedent's estate was granted to the guardian of her minor child, the issue of a former marriage. The child was the sole heir of his mother, and she had no creditors. The deceased's husband had no interest in her estate. The husband was denied the right to administer his wife's estate under the Wisconsin statute. The statute provides that administration shall be granted in the following order; first, to the widow, surviving husband or next of kin or both if suitable and competent to discharge the trust; second, to one or more of the principal creditors; …
Practice And Procedure - Declaratory Judgment
Practice And Procedure - Declaratory Judgment
Michigan Law Review
Plaintiff brought an action under the Uniform Declaratory Judgments Act to be adjudged the lawful child of J. C., deceased. A demurrer upon the grounds that no cause of action was stated and that the court lacked jurisdiction of the subject matter was sustained. On appeal, held, error. The question of status can be determined under the Act independent of any controversy relating to other rights. Miller v. Currie, (Wis. 1932) 242 N. W. 570.