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Banking and Finance Law

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Articles 271 - 300 of 337

Full-Text Articles in Estates and Trusts

Trusts--Insolvent Banks--Tracing Trusts Property Jun 1933

Trusts--Insolvent Banks--Tracing Trusts Property

Indiana Law Journal

No abstract provided.


Bills And Notes - Negotiable Despite Reference To Trust Agreement May 1933

Bills And Notes - Negotiable Despite Reference To Trust Agreement

Michigan Law Review

In an action of replevin for the recovery of stolen debenture bonds, the defense relied upon the contention that the bonds were negotiable and that they had been bought by an innocent purchaser. The bonds in terms referred to a trust agreement "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 the said trust agreement." It was further provided in the bonds that "to the extent provided in the said trust agreement all rights of …


Bills And Notes -- Non-Negotiable Because Of Reference To Trust Agreement May 1933

Bills And Notes -- Non-Negotiable Because Of Reference To Trust Agreement

Michigan Law Review

Whether certain purchasers of notes occupied a better position than the ones from whom they purchased depended upon whether the notes in question were negotiable. Each note contained the following clause: "This note is one of a duly authorized issue of notes . . . issued under and all legally entitled to the benefit of a trust indenture. . . . For a description of the rights of the holders of the notes and the terms and conditions upon which the notes are issued, reference is made to said Trust Indenture with like effect as though said Trust Indenture were …


Banks And Banking - Changing Character Of Deposit To Establish Trust Apr 1933

Banks And Banking - Changing Character Of Deposit To Establish Trust

Michigan Law Review

Respondent had a savings account with a local bank and, having arranged that the bank should purchase certain bonds for him, made an additional deposit therein. Four days later respondent was informed by an officer of the bank that the bonds had been purchased and was given a slip noting that his account had been charged with an amount equal to the purchase price. On its own books the bank charged the respondent's savings account with that amount and entered it as a "deposit" in its "bond account." Upon the insolvency of the bank it was found that no bonds …


Banks And Banking--Insolvency--Preference Against Trust Company Executor For Funds On Deposit At Testator's Death, George W. Mcquain Feb 1933

Banks And Banking--Insolvency--Preference Against Trust Company Executor For Funds On Deposit At Testator's Death, George W. Mcquain

West Virginia Law Review

No abstract provided.


Banks And Banking - Misappropriation Of Trust Funds - Liability Of Bank Apr 1932

Banks And Banking - Misappropriation Of Trust Funds - Liability Of Bank

Michigan Law Review

Committee for incompetent deposited checks payable to him as such committee in the defendant bank to the credit of his individual account. The committee's account was entirely dissipated, but, so far as the facts appear in the opinion, the defendant bank at no time had any knowledge of the use to which the money was put. The committee was removed and the substituted committee sued the defendant bank for aiding the original committee in the diversion of the funds. Held, that it was the duty of the defendant bank to inquire whether the committee had authority to deposit the …


Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker Apr 1932

Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker

Michigan Law Review

H gave W his note in blank with authority to fill it in at $50,000 when she wished, the note representing W's interest in their joint property. W filled in the blanks after H's death and sued H's estate on the note. Held, the authority to fill in was not revoked by H's death, for it was a power coupled with an interest. In re Ferrara (N. J. 19 3 l) 156 Atl. 265.


Trusts -- Self-Dealing Of The Trustee -- Right To Look Through The Corporate Entity Apr 1932

Trusts -- Self-Dealing Of The Trustee -- Right To Look Through The Corporate Entity

Michigan Law Review

One Northrop was appointed by the court as guardian, receiving $2,500 which he deposited in defendant bank of which he was the president, the general manager, and of which he was in complete control. Subsequently he exchanged this deposit for a mortgage owned by the bank. The bank became insolvent, and plaintiff, as substituted trustee, brought this action to have a preference adjudged out of the bank's assets in favor of the ward. Held, plaintiff could ignore the mortgage transaction but could only claim as a general creditor of the bank. Ottawa Banking and Trust Co. v. Crookston State …


Trusts - Tracing Of Assets - Preference Apr 1932

Trusts - Tracing Of Assets - Preference

Michigan Law Review

Public funds were unlawfully deposited in the insolvent bank. At the time the bank closed the cash in its own vault was less than the amount of public funds deposited but it did have, at the time of closing and at all times before, deposits in correspondent banks which, taken with the cash in its own vault, exceeded the amount of the public funds unlawfully deposited. Held, that the unlawful deposit of the public funds, the bank knowing them to be public funds, created a trust of those funds in the hands of the bank, which trust was impressed …


Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove Jun 1931

Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove

West Virginia Law Review

No abstract provided.


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 …


Banks And Banking--Set-Off Of Deposit Of Insolvent Estate Against Bank's Distributive Share Of The Estate, Melville Stewart Apr 1931

Banks And Banking--Set-Off Of Deposit Of Insolvent Estate Against Bank's Distributive Share Of The Estate, Melville Stewart

West Virginia Law Review

No abstract provided.


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 …


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.


Book Reviews Jun 1929

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Book Reviews Dec 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Book Reviews Nov 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Recent Important Decisions Apr 1924

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Feb 1924

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Apr 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


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 Dec 1915

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 Apr 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Jan 1915

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 Jan 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler Nov 1913

Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler

Michigan Law Review

The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.


Recent Important Decisions Nov 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.