Open Access. Powered by Scholars. Published by Universities.®

Banking and Finance Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 331 - 360 of 475

Full-Text Articles in Banking and Finance Law

Bills And Notes - Presentment - Waiver Dec 1931

Bills And Notes - Presentment - Waiver

Michigan Law Review

In an action by the holder against the indorser of a promissory note the question, on the defendant's motion to strike, was whether there was raised a question of fact as to a waiver by the defendant of presentment and notice of dishonor. The plaintiff relied on two letters as evidence of such waiver. One, a letter from the plaintiff to the defendant stating that the note was past due and not paid; and the other, the reply of the defendant Samuel Kullman to the indorser, that "the note will be taken care of not later than next week," but …


A Book Of Little Value, Ralph W. Aigler Nov 1931

A Book Of Little Value, Ralph W. Aigler

Michigan Law Review

The former edition of this textbook appeared in 1922, before the Negotiable Instruments Law had been adopted by all of the states. The changes in the present edition are numerous. Part III of the two former editions has hen eliminated by placing the citations to the Negotiable Instruments Law in the footnotes. Many new sections have been added. The chapter on Guaranty and Suretyship has been eliminated. The introductory chapter is essentially new, and a chapter on Amount of Recovery has been added. The chapter on Conflict of Laws has been rewritten. The author has incorporated the proposed amendments to …


Constitutional Law-Bank Guaranty Funds Jun 1931

Constitutional Law-Bank Guaranty Funds

Michigan Law Review

The plaintiff state bank sued to enjoin collection of special assessments under a state bank guaranty law providing for assessments on every bank to establish a fund to protect depositors in failed banks, on the ground that the statute authorizing the assessments had become void as being confiscatory. At the time suit was instituted, the assessments totaled six-tenths of one per cent of average daily deposits, but after an appeal was taken from the decision of the state court, dismissing the injunction granted by the district court, a new act reduced the assessments to two-tenths of one per cent, limited …


Bills And Notes-Negotiability Of Corporate Debentures Jun 1931

Bills And Notes-Negotiability Of Corporate Debentures

Michigan Law Review

Many corporate bonds and debentures contain some such reference provision as the following: "* * * all [bonds, debentures] issued under a certain Trust Agreement, dated as of June 15, 1926, executed by the Company to the National City Bank of New York, as Trustee, to which Trust Agreement reference is hereby made for a statement of the terms under which the said Debentures are issued and the rights and obligations of the Company, of the Trustee and of the respective holders of the said Debentures under said Trust Agreement. * * *." To this clause some of these securities …


Creditors' Rights In Equity Jun 1931

Creditors' Rights In Equity

Michigan Law Review

There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …


Book Reviews Jun 1931

Book Reviews

Michigan Law Review

Multiple book reviews by various authors.


Bills And Notes-Acceleration Provisions In Negotiable Paper May 1931

Bills And Notes-Acceleration Provisions In Negotiable Paper

Michigan Law Review

The defendant, acceptor, claimed that the trade acceptance sued upon was non-negotiable. This trade acceptance was payable at a specified date, but provided for accelerated maturity in case the acceptor should suspend payment, give a chattel mortgage, suffer fire loss, dispose of his business, or fail to meet at maturity any prior trade acceptance. The defendant claimed that in order to preserve negotiability the contingencies specified in the acceleration clause must be such that their happening will be brought about by some act or omission on the part of the acceptor, and that they must relate to some …


Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement May 1931

Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement

Michigan Law Review

The president of a New York corporation indorsed in blank in the corporate name a check payable to the corporation. He then indorsed the check personally and mailed it to the Banque De Bruxelles, a foreign corporation located in Belgium. The bank in Belgium received it for collection and forwarded it for collection to its correspondent in Washington, D. C. The proceeds were received by the bank in Belgium and credited to the personal account of the president of the New York corporation as directed by him. Later, he withdrew the amount from the bank for his own use. Assignees …


Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor May 1931

Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor

Michigan Law Review

The plaintiff manufactured medicines, selling to peddlers who operated as independent contractors. Menning, a peddler, signed a new contract with plaintiff for operations for the ensuing year, the contract also covering payment of existing debts ($1,794) to plaintiff. The defendant, induced by Menning and relying on his statement that there was no existing debt, signed the contract as surety, the guaranty reciting a consideration of $1 received by defendant and an extension of time on any debts. This contract was terminated after seven weeks, and plaintiff sued for $1670, the balance due. The defendant claimed that Menning was plaintiff's agent …


Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied Apr 1931

Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied

Michigan Law Review

It may be stated as a general proposition that a surety is not entitled to subrogation until the creditor has been paid in full, and that until such time as the creditor has been completely satisfied, the right to be subrogated remains inchoate, as it was when the suretyship contract was made. A reason frequently advanced for this rule is that to allow the surety to have subrogation at once would create a hardship on the creditor. In fact, in the case of Motley v. Harris, the court permitted the surety to be subrogated to dividends of the insolvent …


Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money Apr 1931

Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money

Michigan Law Review

There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …


Bills And Notes-Right To Indorsement After Transfer Apr 1931

Bills And Notes-Right To Indorsement After Transfer

Michigan Law Review

The payee assigned a note and mortgage to the plaintiff by separate paper. The plaintiff sued the payee under sec. 49, N. I. L. for indorsement and also for the balance due after foreclosing the mortgage. Held, the plaintiff was entitled to an unqualified indorsement and recovery in the absence of a contrary agreement. Parr v. Ft. Pierce Bank & Trust Co. (Fla. 1930) 130. So. 445.


Bills And Notes-Payee As Holder In Due Course Apr 1931

Bills And Notes-Payee As Holder In Due Course

Michigan Law Review

In an action by the payee against the insane accommodation maker of a promissory note, the court held that the payee is presumed to be a holder in due course. F. S. Royster Guano Co. v. Sherman (N. J. 1930) 151 Atl. 382.


Failed Banks, Collection Items, And Trust Preferences, George Gleason Bogert Mar 1931

Failed Banks, Collection Items, And Trust Preferences, George Gleason Bogert

Michigan Law Review

About 1,200 banks failed in the United States during the year 1930, and failures for the years 1921-1929 averaged over 600 a year. Each of these bank failures doubtless involved several problems regarding collection items. In each case it was almost inevitable that there should be found among the assets in the hands of the defunct bank several items held for collection but not yet collected, and also that a number of items should have been collected but no effective remittance made on account of such collection. There thus arose a series of controversies between the banks or individuals which …


Bills And Notes-Trade Acceptance-Reference To The Purchase Agreement Mar 1931

Bills And Notes-Trade Acceptance-Reference To The Purchase Agreement

Michigan Law Review

The defendant drew a trade acceptance in favor of the Turner Manufacturing Co. containing the following provision: "The obligation of the acceptor hereof arises out of the purchase of goods from the drawer, maturity being in conformity with the original terms of the purchase." The drawer indorsed the instrument to the plaintiff bank, a purchaser in due course. Held, that the trade acceptance was rendered non-negotiable by the clause "maturity being in conformity with the original terms of the purchase." First Nat. Bank, Statesville, N. C. v. Power-Equipment Co. (Iowa, 1930) 233 N.W. 103.


Bills And Notes-Payee As Holder In Due Course Mar 1931

Bills And Notes-Payee As Holder In Due Course

Michigan Law Review

P executed a note and securing mortgage leaving a blank for the name of the payee and mortgagee. A, P's agent, in excess of his authority, filled in the blanks with D's name and with D's knowledge. D in good faith paid full value. Held, under sec. 6055,. Mich. Comp. Laws (1915) D has no claim against P, for he is not a holder in due course. Bronson v. Stetson, 252 Mich. 6, 232 N.W. 741.


Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor Feb 1931

Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor

Michigan Law Review

The plaintiff, drawee, sued to recover money paid to the defendant on a certified check in which the name of the payee had been cleverly altered, and which had been indorsed and negotiated by the substituted payee. The plaintiff had certified the check prior to the negotiation to the defendant, an innocent purchaser for value. Held, that under sec. 62 of the N. I. L. the acceptor "engages that he will pay it [the instrument] according to the tenor of his acceptance; and admits, * * * 2. The existence of the payee and his then capacity to indorse"; …


Trusts-Devices For Defeating Rights Of Creditors Feb 1931

Trusts-Devices For Defeating Rights Of Creditors

Michigan Law Review

Attempts to protect property rights from the claims of creditors are faced at common law with the initial objection that restraints on the power of alienation are wholly ineffective. An exception has been recognized in this country in the case of equitable interests for life or for years. This exception, criticized severely at the time it was first recognized, has established itself in the law of most states in this country, though rejected in two jurisdictions.


Mortgages-Foreclosure-Default In Interest Jan 1931

Mortgages-Foreclosure-Default In Interest

Michigan Law Review

Plaintiff was a mortgagee of certain real property. A clause in the mortgage provided that the whole amount should become due after default for twenty days in the payment of any installment of interest. Through an arithmetical error of its clerk, the defendant corporation, owner of the equity of redemption, paid $401.87 less than the amount of interest due on one installment. The total interest due was $4621.56. The clerk discovered the error and notified the mortgagee that it would be corrected as soon as the president of the corporation, who alone was authorized to sign checks, returned from Europe. …


Reformation Of Instruments-Mistake Of Facts Underlying Intention Jan 1931

Reformation Of Instruments-Mistake Of Facts Underlying Intention

Michigan Law Review

A debtor determined to mortgage all his property for the benefit of several creditors. His son, commissioned to draw the instrument, was informed that a note to the plaintiff, indorsed by the debtor, would be taken care of by the party primarily liable. So he intentionally omitted the plaintiff's note from the mortgage executed to the other creditors. The note was never paid. After foreclosure of the mortgage, leaving no surplus, the plaintiff sought reformation of the mortgage so as to be included as mortgagee, claiming that the debtor's intention to secure all bank creditors was not executed through mistake …


Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check Dec 1930

Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check

Michigan Law Review

In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …


Bills And Notes -- Principal And Agent--Payment To Agent Of Drawer Upon Indorsement Forged By The Agent Dec 1930

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 Dec 1930

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, …


Garnishment-Foreign-Double Liability Nov 1930

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 …


Recovery On Negotiable Instruments After Blanks Improperly Filled Nov 1930

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 …


Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney Nov 1930

Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney

Michigan Law Review

If any one were asked what was the most dramatic event of the last year, he probably refer at once to the collapse of the great Bull Market on the New York Stock Exchange. This was not only a dramatic event, but it was literally a tragedy for hundreds of thousands of people. Securities shrank to less than half their former inflated values and hundreds of millions of dollars in cash and paper profits were lost over night, or possibly we should say over two nights, for the crash occurred in two stages, one in October and one in November, …


Book Reviews Jun 1929

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor May 1929

Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor

Michigan Law Review

The Michigan supreme court recently held that the jurisdiction of equity in proceedings for the foreclosure of mortgages is governed by statute, and that equity can only render a personal decree against the mortgagor where the statute expressly permits it. This view, if correct, must be recognized as an exception to the well settled doctrine that a court of equity which has obtained jurisdiction of a controversy on any ground or for any purpose, may retain such jurisdiction for the purpose of administering complete relief. Michigan has repeatedly affirmed this general doctrine.


The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby Jun 1928

The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby

Michigan Law Review

During the first years of the present century both promotional and manipulative swindling in connection with stocks and bonds flourished in the face of the obsolescent and poorly enforced fraud laws which were administered by prosecutors and courts inexperienced in corporate finance. It was not until 1911, after the securities problem had been put squarely before it by the state banking commissioner, that the Kansas legislature passed the first blue sky law to check the issuance and sale of unsound corporate obligations. Since 1911 the development of securities legislation has proceeded until at the present time forty-six states have statutes …


Conditions In Bills And Notes, Ralph W. Aigler Mar 1928

Conditions In Bills And Notes, Ralph W. Aigler

Michigan Law Review

Remembering that at least the early use of negotiable instruments was very largely as a substitute for money in making payments and exchanges of credit generally, it is not surprising that it should have been deemed a prime requirement of such documents that they should be unconditional in their orders and promises. Uncertainties as to the responsibility of parties are no doubt inevitable, but the element of chance may be eliminated at least as to the content of the instrument. The usefulness of commercial paper would be seriously impaired if business men and others proposing to take such instruments in …