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- Dodds v. McColgan (1)
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- White v. McKnight (1)
Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy
Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy
Michigan Law Review
A contracted with B to devise certain lands to B. A conveyed the land to another before his death. B sued C, as executor of the will of A, for damages for A's breach of contract. B's action failed by reason of a plea of the statute of frauds. B then sued C for money expended by him, property delivered, and services rendered in reliance on the alleged contract. Held, B could recover, for the doctrine of election of remedies is no bar unless there are distinct remedies in existence when the action was begun. White v. McKnight (S. …
Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act
Michigan Law Review
See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.
Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies
Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies
Michigan Law Review
The plaintiff deposited funds with the defendant, a stock-broker, as security for his margin account. The defendant without authority sold short on the plaintiff's account a large number of shares of stock and threatened to use the plaintiff's deposits to cover the sale unless the plaintiff would authorize a purchase for that purpose. The plaintiff under protest authorized the defendant to purchase the stock, which in the meanwhile had increased in value. The plaintiff then brought suit to recover the difference between the sale and the re-purchase prices plus the defendant's commissions and transfer taxes. Held, on demurrer that …
Limitation Of Actions-Effect Of Fraudulent Concealment
Limitation Of Actions-Effect Of Fraudulent Concealment
Michigan Law Review
Plaintiff sued in equity for a money judgment on defendant's promissory notes. Defendant had fraudulently represented that her husband's estate was liable on these notes, inducing plaintiff to sue the estate and thus delay for more than six years in starting suit against defendant. Plaintiff had sued defendant at law on the notes, defendant had pleaded the statute of limitations, and plaintiff had discontinued. Held, that plaintiff could recover a money judgment in equity, since the remedy at law was barred by the statute of limitations. Dodds v. McColgan (N. Y. App. Div., 1930) 241 N. Y. S. 584.