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

Banking and Finance Law Commons™

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

Debt

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 61 - 71 of 71

Full-Text Articles in Banking and Finance Law

The New York Free Banking Era: Deregulation Or Reregulation?, Andrew J. Economopoulos Apr 1987

The New York Free Banking Era: Deregulation Or Reregulation?, Andrew J. Economopoulos

Business and Economics Faculty Publications

The deregulation of the banking market is a frequently debated policy issue. Proponents of deregulation claim that free market forces would improve market efficiency. The basis for their argument is grounded in the work and tenets of Adam Smith. Deregulation opponents claim that a bank market left unfettered would disrupt the financial market; bank mismanagement, failures, and panics would pervade the market and cause distrust of the banking system . Opponents of deregulation derive their beliefs from actual historical experiences rather than theory . Many opponents point to a period of American banking history, called the Free Banking Era (1838-1863), …

Go to article

Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil Jan 1983

Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil

Seattle University Law Review

The weakness of the Broad Special Fund Doctrine becomes evident when viewed in light of its application to an enormous debt such as construction of a multi-billion dollar power plant. Furthermore, the doctrine is directly at odds with the purposes underlying constitutional and statutory debt limitations. This Article presents a brief history of debt limitation provisions. Next, it discusses the history of the Special Fund Doctrine and sets forth criticisms of the Broad Special Fund Doctrine. The Article concludes by recommending a concept for a Narrow Special Fund Doctrine and applies it to the construction of two nuclear power plants …

Go to article

The Relative Priority Of Small Business Administration Liens: An Unreasonable Extension Of Federal Preference?, Ronald L. Olson Apr 1966

The Relative Priority Of Small Business Administration Liens: An Unreasonable Extension Of Federal Preference?, Ronald L. Olson

Michigan Law Review

During the past three decades, the priority of the federal government as against state and private creditors competing for the assets of debtors has been greatly strengthened. In terms of relative growth, the expansion of federal priority has been comparable to the increased commercial involvement of the United States. In more recent years, Congress and the judiciary have recognized that this increased governmental commercial activity necessitates a restriction in sovereign prerogatives. However, contrary to this general trend toward the contraction of sovereign prerogatives and for reasons appearing unsatisfactory to most commentators, the "sovereign prerogative" of priority to the assets of …

Go to article

Administrative Action For Efficient Debt Management: The Kentucky Case, James W. Martin Jan 1961

Administrative Action For Efficient Debt Management: The Kentucky Case, James W. Martin

Kentucky Law Journal

No abstract provided.

Go to article

Bills And Notes-Discharge-Intentional Destruction Due To Mistake As A Discharge, Richard S. Weinstein S.Ed. Apr 1956

Bills And Notes-Discharge-Intentional Destruction Due To Mistake As A Discharge, Richard S. Weinstein S.Ed.

Michigan Law Review

The holder of sixteen bonds issued by defendant destroyed the bonds believing them to be worthless after they had been in default as to both principal and interest for six years. Ten years later the defendant went into bankruptcy for reorganization and the holder learned that under the plan of reorganization the bonds were exchangeable for $400 in cash and $600 in preferred stock. When defendant refused to recognize the indebtedness even though the holder tendered an indemnity bond against wrongful payment, the holder instituted suit to recover the value of the bonds. The lower court denied relief to the …

Go to article

Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review Jan 1942

Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review

Michigan Law Review

Defendants mortgaged their farm to plaintiff and later conveyed to one Ahart, who assumed the mortgage indebtedness. In a written extension agreement between all three parties it was provided that the defendants and Ahart should be jointly and severally liable for the debt. After foreclosure proceedings were started, Ahart and the plaintiff entered into a written contract by which the plaintiff agreed to release Ahart from all personal liability on the mortgage indebtedness in consideration of a deed to the farm. Thereafter the plaintiff sought a deficiency judgment against the defendants. Held, the defendants were not discharged from their …

Go to article

Banks And Banking-Deposits Bearing Interest, Trust Or Debt Nov 1933

Banks And Banking-Deposits Bearing Interest, Trust Or Debt

Indiana Law Journal

No abstract provided.

Go to article

Plan Para La Emisión De Billete Plata Para El Pago De La Deuda Flotante Por El Estado, Asociación De Artes Gráficas De Cuba Jan 1933

Plan Para La Emisión De Billete Plata Para El Pago De La Deuda Flotante Por El Estado, Asociación De Artes Gráficas De Cuba

Mario Diaz Cruz Pamphlets

No abstract provided.

Go to article

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 …

Go to article

Recovery Of Property From Alien Property Custodian Mar 1924

Recovery Of Property From Alien Property Custodian

Michigan Law Review

ln Banco Mexicano v. Deutsche Bank, 44 Sup. Ct. 209, both facts and law lie in a narrow compass. On June 15, 1916, the liquidators of the Banco Mexicano made a loan of $500,000 to the Deutsche Bank. Hugo Schmidt, the well-known agent of the Deutsche Bank, in the United States from 1914 to 1917 negotiated the loan and deposited the amount received with the Guaranty Trust Company of New York to the credit of the general account of the Deutsche Bank. When the United States entered the war on April 6, 1917, the Guaranty Trust Company reported the …

Go to article

Ley De Moratoria De 27 De Enero De 1921, República De Cuba. Senado. Jan 1921

Ley De Moratoria De 27 De Enero De 1921, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

Publicada en "Gaceta Oficial" extraordinaria de 27 de enero de 1921

Go to article

First Prev