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Articles 511 - 540 of 552
Full-Text Articles in Banking and Finance Law
The Uniform Consumer Credit Code: Changes It Would Make In Kentucky Law, Laura L. Murrell
The Uniform Consumer Credit Code: Changes It Would Make In Kentucky Law, Laura L. Murrell
Kentucky Law Journal
No abstract provided.
Corporate Finance Under The Georgia Business Corporation Code Of 1968, Pasco M. Bowman, Ii
Corporate Finance Under The Georgia Business Corporation Code Of 1968, Pasco M. Bowman, Ii
Georgia Law Review
T HIS Article will review the financial provisions of the new Georgia Business Corporation Code (B.C.C.), which will become effective April 1, 1969. On that date, the Code will automatically apply to virtually all existing domestic business corporations, other than banks, trust companies, railroads and the several other types of corporations which obtain their charters from the Secretary of State. Existing domestic insurance companies will be subject to the B.C.C. to the same extent as they are now subject to the present general corporation law.0 The B.C.C. is only one part of a comprehensive revision and restatement of Georgia's corporation …
Divergent Views As To Applicability To National Banks Of State Restrictions On Home-City Branching--Walker Bank & Trust Co. V. Saxon; Commercial Security Bank V. Saxon, Michigan Law Review
Divergent Views As To Applicability To National Banks Of State Restrictions On Home-City Branching--Walker Bank & Trust Co. V. Saxon; Commercial Security Bank V. Saxon, Michigan Law Review
Michigan Law Review
Two recent federal court decisions have brought into question for the first time the degree to which the federal law permitting the establishment of branches by national banks' incorporates state law restrictions upon the establishment of branches within a city in which the branching bank is already located. In Walker Bank & Trust Co. v. Saxon, a national bank sought to branch within its home city of Logan, Utah. In addition to the applicant's main office, there were branches of two other banks in the city. The applicant national bank in Commercial Security Bank v. Saxon and the complaining …
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
Michigan Law Review
A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
Michigan Law Review
Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …
Debtor Exemptions In Personal Property--Proposals For Modernization, Paul D. Gudgel
Debtor Exemptions In Personal Property--Proposals For Modernization, Paul D. Gudgel
Kentucky Law Journal
No abstract provided.
Administrative Action For Efficient Debt Management: The Kentucky Case, James W. Martin
Administrative Action For Efficient Debt Management: The Kentucky Case, James W. Martin
Kentucky Law Journal
No abstract provided.
Constitutional Law - Federal Immunity From State Taxation - Validity Of State Sales Tax Upon Purchases And Sales By National Banks, Julius B. Poppinga
Constitutional Law - Federal Immunity From State Taxation - Validity Of State Sales Tax Upon Purchases And Sales By National Banks, Julius B. Poppinga
Michigan Law Review
The 1949 revision of the Michigan Sales Tax Act changed the federal exemption provision so as to permit taxation of sales to corporations acting as agents or instrumentalities of the federal government but not wholly owned by the United States. Accordingly, defendant department of revenue took the position that sales to plaintiff, a national banking institution organized under the National Banking Act, are taxable. In the course of its operations, plaintiff purchases office equipment and other tangible personal property from Michigan. retailers. It also sells food and services to employees through its cafeteria, and sells repossessed merchandise to other parties. …
Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.
Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.
Michigan Law Review
An act of the state legislature authorized the issuance of municipal bonds to finance off-street parking facilities. The city was authorized to pledge revenue from existing on-street parking facilities to service the bonds but was to retain the right to change the location of the parking meters and other on-street facilities for enumerated reasons so long as the change did not materially lessen the revenue to be derived from those facilities. Acting in pursuance of authority granted by the enabling act, the city covenanted to maintain its parking meters subject to the reservations required by the act. In an action …
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Michigan Law Review
Although provisions in a number of state constitutions limit the amount of debt a state may incur state legislatures frequently have attempted to circumvent such limitations. Recent decades have seen increased use of the "authority," set up by the legislature to accomplish a particular objective and given power to issue evidences of indebtedness to finance the objective, repayment to come from the revenues of the authority, with the declaration that the obligations of the authority are not those of the state. The enabling legislation has been challenged as unconstitutional, often on the ground that the obligations of the authority are …
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Defendant, a bank organized under the National Bank Act and transacting business in the State of New York, used the words "saving" and "savings" in various ways in the advertising and conduct of its banking business. The state brought suit, seeking an injunction restraining the use of these words, alleging that in- so using them defendant had violated subdivision 1 of section 258 of the New York Banking Law. In defense, the bank contended that this provision, as it applied to national banks, was unconstitutional as a contravention of federal statutory provisions. The trial court dismissed the complaint on its …
Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge
Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
New Legislation Affecting Non-Notification Financing Of Accounts Receivable, Maximilian Koessler
New Legislation Affecting Non-Notification Financing Of Accounts Receivable, Maximilian Koessler
Michigan Law Review
Not less than sixteen new statutes affecting the assignment of accounts receivable have been enacted in this country since the writer's completion of an essay in which he attempted to draw an all-round picture of the legal situation in this recently so much debated field. It is one of the purposes of the present follow-up study to discuss those new legislative developments. This will be done in part II of this article, where the analysis is subdivided into a contemplation of the new validation statutes on the one hand, and the new recording acts, on the other.
Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland
Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland
Michigan Law Review
Plaintiff, a purchaser of mortgaged realty, claimed that there had been a series of conveyances of this property originating with a remote grantor, fraudulent as to said grantor's creditors. At the time plaintiff learned of this, he had already paid taxes on the property and paid $4605 on the purchase price, leaving a balance of $2986 due on his contract. Since, allegedly, plaintiff would have been subject to an action of the creditors to have the conveyance to him set aside/ plaintiff sought to join all creditors and defrauders in an attempt to clear the title, or, if the transaction …
Instalment Payment Of Judgments, Frederick Woodbridge
Instalment Payment Of Judgments, Frederick Woodbridge
Michigan Law Review
This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.
Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review
Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review
Michigan Law Review
The treasurer of a village, acting under the direction of the board of supervisors, deposited the village funds in a certain bank. The village treasurer was the managing officer of this bank. A public official's bond was given to cover his specific term beginning May 5, 1931, and ending May 5, 1932. The bond included a provision exempting the surety from liability for loss by reason of bank failure. A state statute spelled out the obligations of the principal and surety in an official bond without making provisions for any exemptions. At the close of the term of office on …
Banks And Banking - Taxation Of National Bank - Safe Deposit Vault As Integral Function Of National Bank, Marcus L. Plant
Banks And Banking - Taxation Of National Bank - Safe Deposit Vault As Integral Function Of National Bank, Marcus L. Plant
Michigan Law Review
The council of the city of Portland passed an ordinance declaring it unlawful to carry on certain businesses without securing an appropriate license from the city. Among the business activities specified was "Safe Deposit Vault" for which an annual license fee of forty dollars was imposed. The plaintiff, a national bank, and other national banks, all of which operated safe deposit vaults, brought an action to restrain the city and its officers from collecting the fee. It was held that the safe deposit business is a necessary and integral function of a national bank, and therefore the city was without …
Indiana Municipal Revenue Bond Financing, Adolf H. Zwerner
Indiana Municipal Revenue Bond Financing, Adolf H. Zwerner
Indiana Law Journal
No abstract provided.
Banks And Banking-National Banks Subject To State Statute Providing Reward For Finders Of Lost Goods
Banks And Banking-National Banks Subject To State Statute Providing Reward For Finders Of Lost Goods
Michigan Law Review
Plaintiff found $105,000 hidden in a roadside junk heap. The money had been stolen from defendant national bank in an early morning hold-up, and cached by the robbers in the rubbish pile, With the police, plaintiff returned the money to the bank. Plaintiff then sued the bank for a ten per cent reward provided by an Iowa statute for the return of "lost goods." The Supreme Court of Iowa reversed a decision that the statute did not apply to stolen money. In a rehearing, defendant put in an amended plea that the statute could not impose any liability on national …
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Michigan Law Review
Defendant, a Wisconsin firm, issued certain bearer bonds secured by a mortgage held by the T corporation, as trustee. A provision in the mortgage defining the duties of the trustee in the disposition of bonds delivered to it was incorporated into the bonds by reference. The trustee being insolvent, plaintiff bank, as pledgee of some of the bonds taken to secure personal loans to the trustee, petitioned the referee in bankruptcy for permission to sell them, claiming to be a bona fide pledgee for value. Held, since federal courts are bound to follow state decisions interpreting state statutes declaratory …
Banks And Banking - Public Moneys As Preferred Claims
Banks And Banking - Public Moneys As Preferred Claims
Michigan Law Review
The State claims a preference in the assets of an insolvent bank on the basis of sovereign prerogative. Held, that the State has no preference now because the prerogative right has been abrogated: first, by the passing of a comprehensive state banking law; and second, by a constitutional provision giving bill holders of insolvent banks preference in payment over all other creditors. Fry, State Treasurer v. Equitable Trust Co., 264 Mich. 165, 249 N. W. 619 (1933). (Potter and McDonald, JJ., dissenting).
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Michigan Law Review
Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …
Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith
Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly
Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly
Michigan Law Review
The effect of the holding of the Sanders case is of special interest at the present time because of the large number of recent bank failures. This decision may possibly result in former stockholders of Illinois state banks and the heirs of former stockholders being subjected to an assessment on stock that was disposed of several decades ago. The holding is applicable only to state banks, since national banks are not subject to state regulation. It would not be surprising if this Illinois holding should be followed in Nebraska, since the latter state has already based some of its rulings …
Banks And Banking - Preferred Claims Of Savings Depositors - Set-Offs
Banks And Banking - Preferred Claims Of Savings Depositors - Set-Offs
Michigan Law Review
Members of the Michigan bar who have had to deal with perplexing receivership problems, growing out of the many recent bank failures, should welcome the case of Reichert v. Farmers & Workingmens Savings Bank, 257 Mich. 500, decided April 4, 1932. It involves twelve important questions in banking law, certified from the Jackson circuit court. The answers of the supreme court to these questions should serve to settle the law for the benefit of receivers and their counsel for years to come.
Amending Our Negotiable Instruments Law, E. C. Dickinson
Amending Our Negotiable Instruments Law, E. C. Dickinson
West Virginia Law Review
No abstract provided.
The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr.
The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Liability Of Stockholders Under The Indiana Banking Law, Sumner Kenner
Liability Of Stockholders Under The Indiana Banking Law, Sumner Kenner
Indiana Law Journal
No abstract provided.
Negotiable Instruments-Carelessness In Making Checks
Negotiable Instruments-Carelessness In Making Checks
Michigan Law Review
In a recent case the supreme court of Texas held that the drawer of a check could recover from the drawee bank money paid on a check which had been fraudulently altered in amount by the payee even though the drawer was negligent in drawing the check in such a manner as to facilitate the fraudulent alteration. Glasscock v. First National Bank of San Angelo (Nov. 26, 1924) 266 S. W. 393. The court takes the view, though the decision is not based on it, that sec. 124 of the Negotiable Instruments Law which provides that: "Where a negotiable instrument …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.