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Articles 361 - 390 of 446
Full-Text Articles in Litigation
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Michigan Law Review
Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …
Contracts - Offer And Acceptance - Silence As Acceptance
Contracts - Offer And Acceptance - Silence As Acceptance
Michigan Law Review
D had engaged P, an attorney, to sue X for $144,000 gotten by fraud, P agreeing to try the case on a 25 per cent contingent fee. While the suit was pending, D began negotiations through local attorneys for a settlement out of court, and asked P on March 4 what his fees would be in the event D accepted a compromise offer. P replied that his fee would be $12,500. On June 16 a settlement was reached, after which P was instructed to discontinue the suit. When D refused to pay the fee P sued. Held, that …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Michigan Law Review
The decedent was riding with his brother as a guest when a collision with another automobile caused his death. The executrix of his estate sued his brother and the driver of the other car jointly. The defendants were suable jointly for their concurring negligences but a statute authorized the court in its discretion to allow separate trials. Upon an appeal from an order overruling an application by the defendants for separate trials the court held that it was an "intermediate order involving the merits or materially affecting the final decision" and thus directly appealable. Manley v. Paysen, (Iowa 1932) …
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Michigan Law Review
An employee of the plaintiff, payee of a check drawn on the defendant bank, indorsed the check without authority and cashed it, retaining the proceeds. The check was sent through the clearance to the defendant bank and charged to the drawer. The plaintiff brought suit against the bank by a complaint in the form of damages for the conversion of a check. It was adjudged for the plaintiff and the defendant appealed. On appeal, the plaintiff insisted that the payment of the check amounted to an acceptance by the defendant bank and that a liability to the plaintiff as payee …
Corporations-Validity Of Default Provisions In Trust Mortgages
Corporations-Validity Of Default Provisions In Trust Mortgages
Michigan Law Review
Ordinarily a secured creditor can take action to protect his claim against his debtor. When, however, the creditor is only one of many whose claims are equal in lien and right, it may be undesirable that any single creditor should be able to take independent action. This fact has led draftsmen to insert in corporate mortgages provisions limiting the rights of minority bondholders to take action in the event of default under the mortgage. The use of such provisions has created an apparent hotbed of judicial dissension.
The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume
The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume
Michigan Law Review
When the object of a creditors' suit is to reach, establish and administer assets in the hands of a trustee who holds them for the benefit of all the creditors, the suit must be by all the creditors or by one or more for the benefit of all. In other types of creditors' suits, for example to set aside a fraudulent conveyance, joinder of all the creditors is not required. Each may sue alone, two or more may join, or one or more may sue for the benefit of all.
Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker
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.
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Michigan Law Review
On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."
Civil Pleading In Scotland, Robert Wyness Millar
Civil Pleading In Scotland, Robert Wyness Millar
Michigan Law Review
Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …
Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente
Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente
Michigan Law Review
In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …
Equity - Power To Rescind Conveyance For Fraud - Survival
Equity - Power To Rescind Conveyance For Fraud - Survival
Michigan Law Review
When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Michigan Law Review
A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …
Courts-Removal Of Causes-Jurisdictional Amount
Courts-Removal Of Causes-Jurisdictional Amount
Michigan Law Review
Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Michigan Law Review
Three successive grantees to a plot of land purchased it subject to a first and second mortgage and assumed the obligation to pay the notes which the mortgages secured. Foreclosure proceedings by the first mortgagee absorbed the entire value of the land. The second mortgagee then extended the time payment on the note to the last grantee without the consent or knowledge of the mortgagor or of the intermediate grantees. Such action released the intermediate grantees from liability on the note, for they were only secondarily liable, but did not release the mortgagor, for he as maker was primarily liable …
International Law--State Immunity--Waiver--Execution
International Law--State Immunity--Waiver--Execution
Michigan Law Review
Some interesting illustrations in the field of state immunity have been afforded by the litigation arising out of a contract made by the Swedish State Railways Administration (Kunglig Jamvagsstyrelsen) to buy coal from the American firm of Dexter and Carpenter, shortly after the War. Although the contract was on "c.i.f." terms, the National City Bank, in which funds for the payment for the coal had been deposited, paid for part of this coal- upon presentation of insurance certificates instead of policies. As a consequence, when one shipment of the coal was lost at sea, the Railways were unable to recover …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Process--Privilige Of Nonresident Attorney
Process--Privilige Of Nonresident Attorney
Michigan Law Review
The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Michigan Law Review
In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Michigan Law Review
Broad counterclaim statutes are desirable because they allow cross demands to compensate each other, and because they avoid multiplicity of suits. These two advantages are alone sufficient to justify broad counterclaims, but there is a further advantage in that a broad counterclaim statute permits a resident in a suit brought against him by a nonresident to set up any independent claim against that nonresident which-he may have without prosecuting a separate action. Not only is it a heavier expense to bring a separate action, but it is often impossible to do so without going to the domicil of the nonresident …
Trusts - Cancellation - Beneficiaries As Necessary Parties
Trusts - Cancellation - Beneficiaries As Necessary Parties
Michigan Law Review
The plaintiff deeded property to the defendants in trust, for herself for life and on her death to certain named persons. Plaintiff sued the defendants alone for revocation on the ground of fraud and duress. Held, the issue of fraud could not be tried in the absence of the living cestuis. McKnight v. Bank of N. Y. & Trust Co., 254 N. Y. 417, 173 N.E. 568.
Contempt-Punishment Of One Not A Party To An Injunction
Contempt-Punishment Of One Not A Party To An Injunction
Michigan Law Review
The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …
Pleading-Limitations Of Actions
Pleading-Limitations Of Actions
Michigan Law Review
The plaintiff's complaint, both as to the action for breach of warranty in the sale of condensed milk, and for a running account between October 17, 1917, and March 20, 1920, was drawn up in such a manner that in so far as the facts alleged in the complaint were concerned, the causes of action might have accrued. more than six years before this suit was started, that is, while it did not appear on the face of the complaint that the causes of action accrued more than six years prior to the bringing of this suit, yet, from all …
Parent And Child-Education As A Necessary
Parent And Child-Education As A Necessary
Michigan Law Review
Defendant owned a farm where he and his family lived. He owned a car, paid his bills, and lived as comfortably as the average farmer. He provided piano lessons for his twelve-year old daughter, who showed an aptitude for music and was the pianist, of the neighborhood. For tuning a piano at the request of defendant's wife and daughter, plaintiff recovered a judgment of five dollars, based on a verdict that tuning the piano was a necessary for which defendant was liable. Held, that the amount being easily within the means of the father and the service necessary if …
Cases On Pleadings And Procedure, Mason Ladd
Cases On Pleadings And Procedure, Mason Ladd
Michigan Law Review
A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.
Covenants--Mistake Of Law--Warranty Against
Covenants--Mistake Of Law--Warranty Against
Michigan Law Review
The Municipal Metallic Bed Mfg. Co. leased a building from Dobbs in reliance on his representation that it was not illegal to manufacture in said building, and the lease contained a warranty to that effect, and a promise to indemnify the Bed Co. for any loss sustained in case it should prove illegal to use the building for the purpose intended. It later proved that due to the New York building code the building could not be used for manufacturing, and the Bed. Co. sued for the loss it sustained as a result. Held, plaintiff could recover on the …
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Michigan Law Review
Plaintiff agreed to render legal services to defendant in an action to recover a farm, payment to be either $5,000 in cash or one-third of the appraised value of the farm at the time of a judgment in defendant's favor. The defendant recovered, but refused to pay the plaintiffs anything on the ground that the contract was in violation of a Maine statute forbidding prosecution of a suit on shares. Plaintiff sued in assumpsit for the value of services rendered and expenses incurred. Held, the contract was illegal and so no relief of any nature would be granted. Hinckley …
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Libel - Plaintlff's Portrait-Story Concerning Another
Libel - Plaintlff's Portrait-Story Concerning Another
Michigan Law Review
Defendant published in a newspaper the picture of the plaintiff, Alta Woolf, under the headline, "Sued for Balm," and above a caption to the effect that "Mrs. Ruth Felgenauer (above) 11002 Nelson Ave." had been made defendant in an alienation suit. To the plaintiff's libel action, defendant demurred. Held, the trial court was correct in sustaining the demurrer because, in its entirety, the publication was not calculated to lead third persons to believe that it referred to plaintiff. Woolf v. Scripps Pub. Co. (Ohio, Ct. App. 1930) 172 N.E. 389.
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.