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Articles 1 - 30 of 356
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The Courts, The Press, And The Public, Stuart H. Perry
The Courts, The Press, And The Public, Stuart H. Perry
Michigan Law Review
It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …
Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel
Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel
Michigan Law Review
The New York Court of Appeals has re-emphasized some well-established principles of divorce jurisdiction in the recent case of Fischer v. Fischer. In a suit involving the validity of a second marriage, W proved a Nevada divorce from her first husband, a citizen of New York, who had been served in New York but had not appeared to defend the litigation. The court denied recognition to the Nevada decree because W's residence in Nevada, while it conformed with the statutory requirements of that forum, was proved to have been acquired solely for the purpose of securing a divorce. The …
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Michigan Law Review
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).
Corporations - Injunctive Relief Against Corporate Action Which Requires Unanimous Approval
Corporations - Injunctive Relief Against Corporate Action Which Requires Unanimous Approval
Michigan Law Review
A bill for an injunction to prevent the submission, at a stockholders' meeting, of a corporate by-law providing for extra dividends on stock owned by officers and employees, was maintained, on the ground that the proposed move was illegal and unauthorized by statute. Scott v. P. Lorillard Co. (N. J. Eq. 1931) 154 Atl. 515.
Crimes - Burglary - Structures Subject To
Crimes - Burglary - Structures Subject To
Michigan Law Review
The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).
Mechanics' Liens - Property Subject To Liens - Easements
Mechanics' Liens - Property Subject To Liens - Easements
Michigan Law Review
The Ford Motor Company held a right of way across certain railroad tracks from a street to its plant, and contracted with B to build an underpass and grade separation from the street and under the tracks. Before full performance, the Ford Company discharged B and completed the work itself. Numerous materialmen claimed mechanics' liens for supplies furnished B. Held, the right of passage was an easement appurtenant to the Ford plant and not lienable as such, because severance from the dominant estate would extinguish the easement. A lien on the underpass as a building on the land of …
Trusts - "Active" Trusts
Michigan Law Review
A will gave the residue of the testator's realty and personalty to his wife for life, with power to draw on so much of the principal for her support as she and Rubie Tracy should deem necessary. In a later clause, the testator recited his desire that his wife "have assistance in taking care of the property hereinabove bequeathed and devised to her," and appointed Rubie Tracy, testator's wife, and a third person to be trustees for the wife of whatever she received under the will. Held, an active trust. Bunker v. Bunker et al. (Me. 1931) 154 …
Torts - Recovery For Injuries Caused By Fright
Torts - Recovery For Injuries Caused By Fright
Michigan Law Review
The manager of one of defendant's branch stores, in filling an order for a loaf of bread, delivered a dead rat to the plaintiff. The plaintiff incurred serious physical injuries as a result of the fright and shock. In plaintiff's suit against the defendant company it was held that there could be a recovery for physical injuries caused by fright alone. Great Atlantic and Pacific Tea Co. v. Roch (Md. 1931) 153 Atl. 22.
Negligence - Liability Of Manufacturers To Third Parties
Negligence - Liability Of Manufacturers To Third Parties
Michigan Law Review
Plaintiff was engaged in selling bottled beverages at a roadside stand. While she was attending to her duties, a bottle filled with carbonated soda pop exploded, throwing glass particles into her eye and eventually causing the loss of sight. Plaintiff proved that the bottle was defective, that proper inspection would have revealed the defect, and that neither the bottle manufacturer nor the bottler had made proper inspection. Held, both the manufacturer and the bottler are liable to plaintiff for injuries sustained. Smith v. Peerless Glass Co., 251 N. Y. S. 708 (1931).
A Law Book By An Engineer
Michigan Law Review
A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …
Decency At The Bar
Michigan Law Review
One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …
Corporations - Rescission Of Contract Procured Through Fraud
Corporations - Rescission Of Contract Procured Through Fraud
Michigan Law Review
P purchased shares of stock in S Company through the fraud and misrepresentation of his agents in collusion with the agents of the S Company. Upon discovery of the fraud, P tendered back a number of shares equal to the number received by himself and his innocent associates. In the meantime, P had resold part of the shares at a higher price. Held, P must also tender the profit resulting from the resale and subsequent purchase of equivalent shares in a fallen market, together with any dividends paid on stock and interest from date of payment. Marr v. Tumulty …
Corporations - Chattel Mortgages - Consent Of Stockholders
Corporations - Chattel Mortgages - Consent Of Stockholders
Michigan Law Review
The claimant held a chattel mortgage on certain fixtures, the property of a corporation in which the bankrupt held a controlling interest. The validity of the mortgage was challenged by the trustee for the reason that it had been executed in disregard of the statutory requirements. It was admitted that the assent of the stockholders was not formally expressed, but it appeared that the requisite number of stockholders had, in fact, assented. Held, that the mortgage is void since it did not have the statutory consent to its execution, the fact of actual consent being immaterial. In re Joseph …
Corporations - Power To Dispose Of Realty
Corporations - Power To Dispose Of Realty
Michigan Law Review
A cattle company, authorized by its charter to deal only in live stock, was in possession of three tracts of land. Upon a decision of the stockholders and directors to dissolve, two of these tracts were sold outright. The third, being near a large city, was subdivided into city lots with streets, sidewalks, water, lights, etc., for the purpose of a more advantageous sale. This involved the expenditure of considerable sums of money, and at the end of four years some of the lots were still unsold. The corporation became insolvent and the receiver refused to pay the money borrowed …
Anti-Chain Store Legislation, Hugh A. Fulton
Anti-Chain Store Legislation, Hugh A. Fulton
Michigan Law Review
During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …
Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders
Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders
Michigan Law Review
In periods of business depression, problems concerning the dissolution and liquidation of corporations, with the question of preference between the holders of the preferred and common stock, often become very acute. A recent case, presenting the question of preference from the aspect of unpaid dividends on preferred stock, is Penington v. Commonwealth Hotel Construction Corporation.
Bills And Notes - Negotiability Of Note Authorizing Judgment
Bills And Notes - Negotiability Of Note Authorizing Judgment
Michigan Law Review
A note, payable ninety days after date, authorized an entry of judgment against the maker by the holder "at any time after the date thereof, without stay of execution." Held, that this authority destroyed the negotiability of the note because it was neither payable on demand nor at a fixed and determinable future time. Wooleyhan v. Green (Del. 1931) 155 Atl. 602.
Bills And Notes - Presentment - Waiver
Bills And Notes - Presentment - Waiver
Michigan Law Review
In an action by the holder against the indorser of a promissory note the question, on the defendant's motion to strike, was whether there was raised a question of fact as to a waiver by the defendant of presentment and notice of dishonor. The plaintiff relied on two letters as evidence of such waiver. One, a letter from the plaintiff to the defendant stating that the note was past due and not paid; and the other, the reply of the defendant Samuel Kullman to the indorser, that "the note will be taken care of not later than next week," but …
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Michigan Law Review
In some jurisdictions, where some equivalent to the seventh section of the English Statute of Frauds has not been enacted, an oral trust of land is enforceable. In others, it is held that the provisions requiring a writing in the case of conveyances of and contracts concerning interests in land forbid oral trusts of land. It is clear, however, that when the statute of frauds in force contains a provision requiring express trusts to be created or evidenced by writing, an oral agreement between grantor and grantee that the property conveyed should be held in trust can not be enforced …
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Michigan Law Review
K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.
Torts - Negligence - Liability For Injuries Caused By Fright
Torts - Negligence - Liability For Injuries Caused By Fright
Michigan Law Review
Plaintiff's testatrix, a passenger in an automobile which collided with a machine negligently operated by defendant, suffered no serious physical injuries from the collision. However, "within a few minutes after the accident, she stepped from the automobile and started to write down the defendant's name and license number," but, due to her fright, she fainted and fell, fractured her skull, and died. Judgment for plaintiff was affirmed in the appellate division. The New York court of appeals held that the judgment should be affirmed, and upheld the trial court in its refusal to instruct the jury that it must find …
Evidence - Privileged Communication
Evidence - Privileged Communication
Michigan Law Review
In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.
Easements - Ways Appurtenant- Requirement Of Contiguity
Easements - Ways Appurtenant- Requirement Of Contiguity
Michigan Law Review
The respondent, in a proceeding to register title, claimed a right of way appurtenant over the land of the petitioner. The tracts in question were separated by a strip of plowed land belonging to a third party and it was argued that, since one terminus of the way did not touch on the respondent's land, the claim should be denied. Held, however, that the way was appurtenant to the close even though the servient estate was not adjacent to the dominant. Jones v. Stevens (Mass. 1931), 177 N.E. 91.
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
A Casebook On Corporation Finance
A Casebook On Corporation Finance
Michigan Law Review
A review of CASES AND MATERIALS ON THE LAW OF CORPORATION FINANCE. By Adolf A. Berle, Jr.
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Michigan Law Review
The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …
Bills And Notes - Post-Dated Checks - Criminal Liability
Bills And Notes - Post-Dated Checks - Criminal Liability
Michigan Law Review
The defendant was indicted for violating a statute which prohibited the drawing of a check with knowledge that funds were insufficient for payment. (Laws of S. D., 1923, c. 121.) The statute provided for abatement of any criminal prosecution upon the defendant's showing that he had an account with the drawee bank thirty days before the check was delivered and had no intent to defraud, and also paid the amount of the check and costs. It was also provided that the statute was inapplicable if the drawee honored the check. The defendant had drawn what is known as a post-dated …
Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …