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Full-Text Articles in Bankruptcy Law

Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook Mar 1931

Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook

Michigan Law Review

A Review of HANDBOOK OF THE LAW AND PRACTICS OF BANKRUPTCY. Second Edition. By Henry Campbell Black.


Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock Dec 1930

Corporations-Dissolution-Distributi0n Of Assets Between Holders Of Fully And Partially Paid Stock

Michigan Law Review

On the insolvency of the Commonwealth Hotel Construction Co. and after, the creditors had been paid in full, there were assets on hand for distribution among the stockholders. The holders of partially paid stock requested that the assets be distributed in proportion to the amounts which the various stockholders had paid in. This in effect meant that the losses were to be proportional to the amounts paid in, instead of being proportional to the amounts which the stockholders had contracted to pay, and was resisted by the holders of fully paid stock as being inequitable. The chancellor (after holding in …


Receivers-Penalties On Taxes Dec 1930

Receivers-Penalties On Taxes

Michigan Law Review

The recent case of McCormick v. Puritan Coal Mining Co. presents the question whether penalties and interest continue to accrue on delinquent taxes after the date of the appointment of a receiver. The court determined the question in the negative, supporting its decision by authorities which hold that interest does not ordinarily accrue on the debts of an insolvent after the date of the appointment of a receiver. The decision is directly contrary to the established rule that tax penalties and interest continue to accrue, notwithstanding the property has passed into the hands of a receiver.


Claims Against The Creditor As Defenses To The Surety, H. W. Arant Dec 1930

Claims Against The Creditor As Defenses To The Surety, H. W. Arant

Michigan Law Review

In the absence of statutory provision, where the surety is sued alone, the generally accepted view is that he can not show the existence of a claim in favor of his principal against the creditor for the purpose of preventing or decreasing the creditor's recovery against him. The view has frequently been applied where the surety, sued alone, sought to set up the creditor's breach of warranty as a defense. It recognizes that such a breach of warranty gives rise to a cause of action against the creditor that belongs solely to the principal debtor. It also recognizes the possibility …


Bankruptcy-Voluntary Petition By Incompetent On Court Order Dec 1930

Bankruptcy-Voluntary Petition By Incompetent On Court Order

Michigan Law Review

A state court adjudged B to be insane, committed him to an asylum, appointed G as guardian of his estate, and later authorized G to file a voluntary petition in bankruptcy on behalf of B. Such a petition was filed by G, the schedule of liabilities showing debts contracted before B was adjudicated insane. The federal district court adjudicated B a bankrupt and appointed a trustee in bankruptcy, who sued C to recover an alleged preference paid to C by B. C then sought to set aside the adjudication of bankruptcy on the ground that an insane person could not …


Corporations-Dissolution-Distribution Of Assets Between Preferred And Common Stockholders Dec 1930

Corporations-Dissolution-Distribution Of Assets Between Preferred And Common Stockholders

Michigan Law Review

The Commonwealth Hotel Construction Co. became insolvent, and, after the creditors had been paid in full, the preferred and common stockholders disagreed to the distribution of the remaining assets. The articles of incorporation provided that the holders of preferred stock should be entitled to dividends at the rate of seven per centum per annum which should be cumulative "so that, if dividends for any past dividend period at the rate of seven per centum per annum shall not have been paid thereon or set apart therefor, the deficiency shall be fully paid or set apart, but without interest, before any …


Corporations-Repurchase Of Its Own Shares By A Corporation In Performane Of A Promise Forming Part Of The Contract Of Sale May 1928

Corporations-Repurchase Of Its Own Shares By A Corporation In Performane Of A Promise Forming Part Of The Contract Of Sale

Michigan Law Review

One Rosenthal entered the employ of the defendant corporation for two years at a salary of $10,000.00 per year; $75.00 per week to be paid in cash, and the balance to be paid in stock of the corporation at the end of each year. The contract contained a proviso that if the parties could not, at the end of the second year, reach an understanding for a continuation of the employment, the company would repurchase its shares at their par value. No such agreement was reached, and the company refused to take back its stock. Rosenthal brought his bill in …


Corporations-Default In Filing Annual Report Nov 1926

Corporations-Default In Filing Annual Report

Michigan Law Review

Several thousand corporations, domestic and foreign, organized for profit, doing business in Michigan, were startled by the decision of the supreme court of the state handed down in October, in the case of Mishke v. Eddy Realty Co. (not yet reported).


Book Reviews Dec 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


The Income Tax Liability Of Dividends In Liquidation, Roswell F. Magill Apr 1925

The Income Tax Liability Of Dividends In Liquidation, Roswell F. Magill

Michigan Law Review

The development of a scheme at once equitable and constitutional for the taxation of corporate distributions has been one of the more difficult problems confronting Congress and the courts since the adoption of the income tax amendment. Doubtless the chief reason for this difficulty has been the fact that the income tax liability of a shareholder upon such a distribution "has not been determinable merely by ascertaining whether the amounts received are the variety of receipts commonly regarded by their recipients as income,- in a word, by determining whether they constitute a "gain" to the shareholder. Rather, it is a …


Book Reviews, Henry M. Bates, Evans Holbrook, Edwin D. Dickinson Dec 1921

Book Reviews, Henry M. Bates, Evans Holbrook, Edwin D. Dickinson

Michigan Law Review

Collected Papers. By Oliver Wendell Holmes, Associate Justice of the Supreme Court of the United States. New York: Harcourt, Brace & Howe. i92o. Pp. vii, 316.


Interest On Claims In Receivership Proceedings, Ralph E. Clark Nov 1920

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'


Recent Important Decisions Jun 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood May 1916

Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood

Michigan Law Review

A collection of recent important court decisions and book reviews.


Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman May 1916

Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman

Michigan Law Review

The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.


Recent Important Decisions Mar 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat Mar 1916

Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat

Michigan Law Review

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …


Recent Important Decisions Feb 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Nov 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Jun 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions May 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Apr 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed Apr 1915

Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed

Michigan Law Review

Legislative Power to Restrict Freedom of Labor Contracts -The struggle between the police power of the legislature and the nineteenth century idea of due process of law continues unremittingly. That increasing social necessities and a more comprehensive and perfect conception of justice have resulted in recent years in restricting the "due process" clauses in federal and state constitutions to their historically and logically more correct meaning and scope there can be no doubt. Scores, if not hundreds, of decisions by our courts and conspicuously those of the United States Supreme Court have shown complete recognition of the fact that the …


Recent Important Decisions Mar 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Feb 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Jun 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.