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Articles 91 - 99 of 99
Full-Text Articles in Litigation
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Wills - Statute Of Nonclaim As Bar To Contingent Claim
Wills - Statute Of Nonclaim As Bar To Contingent Claim
Michigan Law Review
Plaintiff, the receiver of an insolvent state bank, filed a claim against the estate of deceased who had been a stockholder in the bank. The estate had been closed for twelve years when the claim was filed, the bank not having become insolvent until eight years after the decedent's death. The state constitution provided double liability for the stockholders of the bank to its creditors. Defendant urged that the claim was barred by the statute of nonclaim. Held, the claim is not barred, for the constitutional liability was not a "claim or demand, contingent or absolute," against the stockholder's …
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 …
Liability Without Fault And Proximate Cause, Fowler V. Harper
Liability Without Fault And Proximate Cause, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
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.
Book Review. Rationale Of Proximate Cause By Leon Green, Fowler V. Harper
Book Review. Rationale Of Proximate Cause By Leon Green, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Articles
When Mr. Justice NELSON, in the New Jersey Steam Navigation Company v. Merchants Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …