Utica State Savings Bank v. Oak Park

21 Citing cases

  1. Fed. Home Loan Mortg. Corp. v. Guntzviller

    No. 313323 (Mich. Ct. App. Apr. 8, 2014)

    Contracts that are void may not be ratified. Utica State Sav Bank v Village of Oak Park, 279 Mich 568, 579; 273 NW 271 (1937). As discussed above, because the property was owned by defendant and Dale as a tenancy by the entirety, the Mortgage was void without defendant's signature.

  2. People v. Brown

    78 Mich. App. 439 (Mich. Ct. App. 1977)   Cited 1 times

    Where the language used, considered in its entirety, discloses no purpose of limiting the general words used, the rule of ejusdem generis may not be invoked to defeat or limit the purpose of the enactment. People v O'Hara, 278 Mich. 281 [ 270 NW 298 (1936)], and Utica State Savings Bank v Village of Oak Park, 279 Mich. 568 [ 273 N.W. 271 (1937)]" In re Mosby, 360 Mich. 186, 192; 103 N.W.2d 462 (1960). For other Michigan cases to the same effect, see McDade v People, 29 Mich. 50 (1874), People v Gogak, 205 Mich. 260; 171 N.W. 428 (1919), People v Powell, 280 Mich. 699; 274 N.W. 372 (1937), and Utica State Savings Bank v Oak Park, 279 Mich. 568; 273 N.W. 271 (1937).

  3. Gold v. Van Kehrberg (In re Van Kehrberg)

    628 B.R. 535 (E.D. Mich. 2021)

    However where, as here, a contract is void at its inception, it is void ab initio and cannot be ratified by the subsequent acts of those who were without power to make a valid contract in the first instance. Utica State Sav. Bank v. Village of Oak Park , 279 Mich. 568, 273 N.W. 271, 274-75 (1937) ("Because the contract here in suit was void ab initio , it could not be and was not validated by ratification...."); see alsoTorovich v. Oddo , No. 342967, 2019 WL 1050068, at *2 (unpublished) (Mich. Ct. App. Mar. 5, 2019) (citing Utica State , 273 N.W. 271 ) ("[C]ontracts that are void ab initio may not be ratified....

  4. People v. Jacques

    572 N.W.2d 195 (Mich. 1998)   Cited 9 times
    In Jacques, the defendant was convicted of entering without breaking, MCL 750.111, after he gained access to an enclosed soda distribution center by sliding under the fence "surrounding the center through a six- to eight-inch depression in the ground," and stealing four crushed pop cans that were within the fenced area.

    Indeed, careful review of the statute manifests a contrary intention. Accord Utica State Savings Bank v. Oak Park, 279 Mich. 568, 573; 273 N.W. 271 (1937). The crime of entry without breaking is defined as:

  5. Clio Yes 2024 v. Sproul

    No. 372312 (Mich. Ct. App. Sep. 6, 2024)

    The trial court ruled that the Charter provision applied, as the issue of whether the city should have marijuana dispensaries was a local matter. See Utica State Savings Bank v Oak Park, 279 Mich. 568, 579; 273 N.W. 271 (1937) (when a city charter provision conflicts with a state statute, the statute controls in matters that are not of "purely local character.").

  6. Adams v. Brown

    No. 346503 (Mich. Ct. App. Mar. 24, 2020)

    And contracts that are void ab initio may not be ratified. Utica State Sav Bank v Village of Oak Park, 279 Mich 568, 579; 273 NW 271 (1937). Accordingly, the court erred by determining that the forged deed could beโ€”and actually wasโ€”ratified by plaintiff.

  7. Torovich v. Oddo

    No. 342967 (Mich. Ct. App. Mar. 5, 2019)   Cited 1 times

    However, contracts that are void ab initio may not be ratified. Utica State Sav Bank v Village of Oak Park, 279 Mich 568, 579; 273 NW 271 (1937). Because plaintiff and Thomas owned the property as tenants by the entirety, the mortgage was void without plaintiff's signature.

  8. Smith v. Vainik

    No. 303140 (Mich. Ct. App. Jul. 26, 2012)

    However, a contract that is void ab initio may not be ratified. Utica State Sav Bank v Vill of Oak Park, 279 Mich 568, 579; 273 NW 271 (1937). Because the lien Richard attempted to convey to defendants was void ab initio, plaintiff could not ratify the lien through her acts.

  9. Natsch v. Southfield

    154 Mich. App. 317 (Mich. Ct. App. 1986)   Cited 6 times

    However, the doctrine does not apply when it would defeat the plain purpose and intent of the Legislature. In re Mosby, 360 Mich. 186, 192; 103 N.W.2d 462 (1960), Utica State Savings Bank v Village of Oak Park, 279 Mich. 568, 573; 273 N.W. 271 (1937). We disagree with the plaintiffs' suggestion that emergency medical technicians or paramedics are not within the same general class as those occupations listed in ยง 5838.

  10. Mi. Paytel Joint Venture v. City of Detroit

    287 F.3d 527 (6th Cir. 2002)   Cited 228 times   1 Legal Analyses
    Holding that anticompetitive effects are "the logical and foreseeable result of the City's broad authority under state law and the Michigan Constitution to bid out public contracts for the maintenance of City prisons"

    See, e.g., Grant v. Common Council of Detroit, 91 Mich. 274, 51 N.W. 997, 998 (1892) (interpreting the city charter, which required the common council to approve public works contracts); Johnson v. City of Menominee, 173 Mich.App. 690, 434 N.W.2d 211, 213 (1988) ("If the officer's act is beyond the limits of his or her authority, the municipality is not bound."). Furthermore, Michigan law charges those who make contracts with a municipality to know the limits of its power to contract. Lasky v. City of Bad Axe, 352 Mich. 272, 89 N.W.2d 520, 522 (1958); Utica State Sav. Bank v. Village of Oak Park, 279 Mich. 568, 273 N.W. 271, 274 (1937). In Michigan, the Statute of Frauds requires that contracts unable "to be performed within 1 year from the making of the agreement" are void unless the agreement is made "in writing and signed with an authorized signature by the party to be charged."