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Articles 1 - 16 of 16
Full-Text Articles in Contracts
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Michigan Law Review
Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is …
Third Party Beneficiary Contracts
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Michigan Law Review
Here must be the key to Johnson's constitutional jurisprudence, which time, and the effect of the repression of Marshall's domination has obscured. The dynamic pattern of his thought is, however, unmistakable when analyzed without the burden of prepossession. There can be little meaning to what Johnson said in Ogden v. Saunders unless conceived in relation to Johnson's whole approach to man and society and his repeated insistence upon "that communication of thought and experiment without which nothing human can advance in improvement." Otherwise, we are unable to reconcile his repeated dwelling upon the literal meaning of words and their "technical …
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Michigan Law Review
The insured and a revocably designated beneficiary jointly assigned a life insurance policy as collateral security for a prior indebtedness of the insured. Another policy and first deed of trust notes were also assigned as collateral by the insured. Upon the death of the insured, who obtained the policy and paid all premiums, the bank applied a proportionate amount of the proceeds from this policy to the debt and paid the remaining sum to the beneficiary. Executors of the estate of the insured seek to recover the sum paid by the bank to the beneficiary, while executors of the beneficiary …
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Michigan Law Review
Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …
Compensation For Terminated Fixed-Price Supply War Contracts, Edward S. Feldman
Compensation For Terminated Fixed-Price Supply War Contracts, Edward S. Feldman
Michigan Law Review
The enormous volume of government contract cancellations requires a fuller understanding by contractors of the principles of securing fair compensation promptly for their charges if they are to have funds to reconvert their plants and operate them successfully. As the Director of Contract Settlement stated in a recent report to Congress, "The contracting agencies alone cannot do the contract settlement job. Contractors, too, must be willing and able to do their part. To be adequately prepared, contractors must be able (1) to make out claims and (2) to process claims of their subcontractors and suppliers."
Waiver Of Protest: A Comparative Study, Raúl Olivera Y Borges
Waiver Of Protest: A Comparative Study, Raúl Olivera Y Borges
Michigan Law Review
Parallel to the study of protest, it is pertinent to consider the nature and legal effects of exempting clauses which, while not essential, may be found in bills of exchange. Waiver of protest appears to have been introduced by the practice in France during the first third of the nineteenth century. It is generally used to moderate the consequences of non-payment, by a drawer who lacks confidence in the solvency of the drawee, or who fears that he may not be able to provide the necessary funds before maturity. The drawer can thus spare the susceptibilities of a drawee who …
A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin
A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin
Washington Law Review
Among the many complexities of modem business and financial life none is fraught with more intricacies than the utilization of credit. Economic exigencies have dictated that many must purchase without the immediate ability to pay. The seller, likewise, has evidenced an eagerness to sell and transfer the possession of his property upon the receipt of a promise that payment will be subsequently made at a specified date. Thus commerce thrives and the needs of the community are satisfied. It is, however, necessary that the seller receive some further assurance, some more reliable protection than the mere promise of the buyer …
Bills And Notes--Irregular Indorsers--Parol Evidence
Bills And Notes--Irregular Indorsers--Parol Evidence
Michigan Law Review
Defendant signed a note otherwise than as maker. Held, error to exclude evidence that he was a co-maker. Glick v. Lieb, (App. Div. N.Y., 1944) 53 N.Y. Supp. (2d) 80.
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Michigan Law Review
The common law rule was well settled that a conveyance to two or more, not husband and wife, made them joint tenants, not tenants in common, unless language was used to show an intent that they were not to be joint tenants. The reason for such a rule having passed, the modern rule is to the opposite effect-two or more conveyees, with certain exceptions, are presumptively tenants in common. The Illinois statute, for example, declares that "no estate in joint tenancy in any lands ... shall be held or claimed under any grant . . . unless the premises therein …
The Federal Constitution Today-Important Decisions Of The Supreme Court In The Last Eight Years 1937-1944 Inclusive, Burke Shartel
The Federal Constitution Today-Important Decisions Of The Supreme Court In The Last Eight Years 1937-1944 Inclusive, Burke Shartel
Michigan Law Review
In recent years one often hears lawyers say that the Constitution is gone; or one hears them echo the remark of Charles E. Hughes, made while he was Governor of New York, "We are under a Constitution, but the Constitution is what the judges say it is," and then perhaps add that lawyers can no longer determine with any assurance what the judges will do or will say the Constitution is. Such expressions and reactions are not unnatural in any period of rapid doctrinal change. All contain a large element of truth. Certainly much of the Constitutional Law is gone …
Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.
Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.
Kentucky Law Journal
No abstract provided.
Restitution Of Benefit Conferred On An Illegal Bargain In Kentucky, Fred B. Redwine
Restitution Of Benefit Conferred On An Illegal Bargain In Kentucky, Fred B. Redwine
Kentucky Law Journal
No abstract provided.