Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Michigan Law Review
In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Michigan Law Review
Suits in equity were brought in the federal district courts of Ohio and Pennsylvania against resident shareholders of Banco Kentucky Company, a bank-stock holding corporation. The purpose of the litigation was to enforce an assessment under the National Bank Act on the shares of an insolvent national bank which Banco owned. Ohio and Pennsylvania have six year statutes of limitations on such an action. They also have borrowing statutes, barring suit on a cause of action no longer enforceable in the jurisdiction in which it arose. The bank had been authorized to conduct its activities in Louisville, Kentucky, had engaged …