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Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 48, Issue 2 of Michigan Law Review

Contributory Infringement And The Combination Patent, Samuel Ewer Eastman

Michigan Law Review

The right of action for contributory infringement of a patent was forged by judicial legislation, and, as limited and subjected to opposing rules of law, has been tempered by that same process. The history is exemplary of the control over society exercisable by the courts according to their own individual economic outlook.

In tracing this history, buying agreements, price-fixing, agreements not to deal in the goods of a competitor, conspiracies to restrain trade through licensing, and other business arrangements subject to scrutiny under the anti-trust laws will be dealt with only incidentally. It is not possible to deal only with …

The Law School 1949-50, E. Blythe Stason

Michigan Law Review

Notwithstanding the fact that the peak of postwar veterans' enrollment is supposed to have subsided, the 1949-50 enrollment in the Law School remains substantially the same as it has been during the past several years. Last year we recorded a total of 1057 students; this year the figure is 1030. The beginning class of 409 students, together with 273 second-year and 328 third-year students, to which must be added 20 graduate students, all add up to the total, 1030. Thirty-three of the total are women, the largest women's enrollment ever recorded in the School. The group of 20 graduate students …

Corporations-General Effect Of Statutes Prohibiting Corporate Loans To Directors, Officers And Stockholders, Paul W. Eaton, Jr.

Michigan Law Review

Over the years a number of states have felt that loans by private corporations to their directors and stockholders should be regulated to protect the interests of creditors and, in many cases, stockholders. At present, twenty-two states have statutes which either absolutely prevent such loans or else limit their scope, and this number will probably increase. A typical statute may be found in New Jersey: "No corporation shall loan money to a stockholder or officer thereof. If any such loan be made the officers who make it, or assent thereto, shall be jointly and severally liable, to the extent of …

Libel And Slander-Testamentary Libel, Charles Hansen S.Ed.

Michigan Law Review

Although the right to recover for injury from admittedly defamatory matter would seem to be clear, the law imposes a series of obstacles when the offending statements are embodied in a will. Of the few cases which have arisen in this area, a recent decision, Carver v. Morrow, serves to illustrate the general problem. In this case, plaintiff claimed that portions of testatrix' will defamed him. After the will was probated, he brought an action against testatrix' executors on the ground that publication had been effected by probate, and that therefore a cause of action in libel existed against …

Corporations-Applicability Of General Corporate Dissolution Procedure To Associations Organized Under Building And Loan Act, Howard W. Haftel S.Ed.

Michigan Law Review

Building and loan associations are organizations designed for the general purpose of accumulating by gradual payments of their members a fund to be invested primarily in loans on real estate. At present these organizations almost invariably are corporations for profit. Because of their economic importance these associations have long been regarded as affected with a public interest and therefore subject to a higher degree of regulation than would be sustained in the case of ordinary profit-making corporations. Special legislation is necessary because building and loan associations differ widely from other corporations in financial structure and operation.

Accrual Problems In Tax Accounting, Alfred E. Holland

Michigan Law Review

Quite frequently at the end of a taxable year some uncertainty qualifies the eventual payment or receipt of an obligation. An obligor may refuse to pay the debt for any number of reasons. There may be disagreement as to the amount which is due; the obligation may not appear collectible; or there may be some other contingency which makes eventual receipt or payment appear uncertain at the time. This uncertainty presents a problem to the taxpayer when he closes his books at the end of the year. Should such an uncertain item be entered on the books as income for …

International Law-Accidents In International Air Transportation-Limitation Of Liability, William C. Gordon S.Ed.

Michigan Law Review

Plaintiff, known professionally as Jane Froman, sought damages of one million dollars for injuries received when defendant's transatlantic plane crashed at Lisbon, Portugal. Before the flight, defendant prepared tickets for plaintiff and other passengers scheduled to entertain troops overseas and delivered them to a USO Camp Shows' employee in charge of arranging transportation for the group. Plaintiff had not expressly authorized the USO employee to receive the ticket in her behalf. She was unaware of the plane's exact destination. Held, a ticket invoking the liability limitations of the Warsaw Convention was delivered as a matter of law. Ross v. …

Future Interests-Rule Against Perpetuities-Application To Duration Of Private Trusts, R. L. Storms

Michigan Law Review

Testator devised the locus to his daughter, V, in fee. Thereafter he executed a codicil whereby the property passed to his son-in-law, in trust, to take possession of the real estate and hold it in trust for V during her life, and "in the event of the death of my daughter . . . rent the same . . . and the said rents so received . . . he shall use for the support, sustenance, education, and benefit of the children of my daughter . . . surviving her." Held: the trust the testator attempted to create …

Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.

Michigan Law Review

Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …

Torts-Assumption Of Risk-Flying Pucks And The Ice Hockey Spectator, James F. Gordy S.Ed.

Michigan Law Review

Plaintiff and her husband attended an ice hockey game being sponsored by the defendant. Both testified that they knew nothing about the game. They asked for the ''best seats in the house" and were seated in the front row of an unprotected section, immediately adjacent to the ice and behind a low wooden wall. During the progress of the game, plaintiff was struck and injured by a puck driven from the ice. Defendant had furnished screened areas, which were unfilled at the time; he had prominently displayed many large placards warning of the danger of flying pucks and advising of …

Wills-An Exception To The Pennsylvania Mortmain Statute, Robert H. Frick

Michigan Law Review

Testatrix and her husband entered into an agreement that the survivor should devise property owned by them as tenants by the entireties to charities of the Catholic Church. Ten years later, testatrix, who had survived her husband, executed a will in accordance with the agreement, and died within thirty days thereafter. The lower court held that the bequest was not invalid under the Pennsylvania statute voiding religious or charitable bequests made within thirty days of death. On appeal, held, affirmed. Where a valid contract to make a will antedates the testator's death by more than the statutory period, the …

Busch: Law And Tactics In Jury Trials, Edson R. Sunderland

Michigan Law Review

A Review of LAW AND TACTICS IN JURY TRIALS. By Francis X. Busch.

Trusts-Addition To Corpus By Will-Nature Of Bequest, Robert H. Frick

Michigan Law Review

Testator created an amendable inter vivos trust which he amended in 1938, 1940, and 1942. By a codicil to his will, executed in 1945, he left his residuary estate to the trustees of the inter vivos trust to be held according to the terms of that trust as amended. On certification from the probate court, held, the bequest to the trustees was valid, and it was not necessary for the trustees to give bond and account to the probate court as required of trustees of testamentary trusts by statute. In re York's Estate, (N. H. 1949) 65 A. …

Constitutional Law-Equal Protection-Foreign Corporations-Discriminatory Intangibles Tax, Robert P. Griffin S.Ed.

Michigan Law Review

An Ohio statute required foreign corporations doing business within the state to pay an ad valorem tax on accounts receivable which arose through outstate sales of goods shipped from warehouses within the state, even though the sales were consummated by an agent maintaining his office without the state. Such intangibles were declared by the Ohio statutory formula to have a situs within the state. At the same time, the accounts receivable of Ohio residents and domestic corporations which were derived from outstate sales by agents having their offices without the state were exempt, even though the goods were shipped from …

Taxation--Income Tax--Family Partnerships--Application Of The Tower-Lusthaus Doctrine, Earl R. Boonstra S.Ed.

Michigan Law Review

Respondent and his four sons formed a partnership in 1939. The sons contributed cattle and property purchased from respondent who accepted their notes in return. Subsequently, part of the notes were forgiven and part paid from shares of the firm proceeds. A firm bank account was opened on which all members could draw. It was planned that all the sons would render substantial services to the partnership. However, the plan was disrupted when the two eldest were called to military duty, and the two minor sons continued their education. A partnership return was filed for 1940. The Commissioner determined a …

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery

Michigan Law Review

Plaintiff, a six year old girl, sued to recover damages alleged to have been sustained as a result of defendant's enticing her mother from the family home. Plaintiff contended that as a child and member of the family she had a legally protected right to maintenance of the family relationship. Defendant answered that no tort had been committed, since no right in the plaintiff was recognized at common law and that to recognize such a right would amount to judicial legislation. From a judgment in favor of plaintiff, defendant appealed. Held, affirmed. Allowing a child a right of action …

Constitutional Law-Eminent Domain-Elements Of Fair Value, Hugh B. Muir

Michigan Law Review

Respondent bought the tug MacArthur from the Coast Guard in March, 1942. Exclusive of his own labor, his outlay for purchase and repair of the tug totaled $8,574.78. In October, 1942, the War Shipping Administration, acting under the Merchant Marine Act of 1936, requisitioned the tug and awarded compensation of $9,000. Respondent contested the award, and the Court of Claims found that the fair market value at the time of taking was $15,500. This determination was made without deduction for enhancement of value due to the government's need of vessels, or previous taking of vessels of similar type. The Court …

Constitutional Law-Privilege Against Self-Incrimination-Waiver Under Compulsory Testimony Act, John A. Nordberg

Michigan Law Review

Smith, sole owner and officer of a clothing corporation, appeared before an OPA examiner in response to a subpoena to produce the corporate books. Under the Emergency Price Control Act these records were required to be kept and preserved. Smith said that the records were "destroyed, lost, or misplaced.'' Then, on claiming privilege against self-incrimination, he testified as to activities of the corporation and contents of the absent records. During the interrogation Smith made a long statement in partial summation of his testimony. When he finished, he was asked, ''This is a voluntary statement. You do not claim immunity with …

Corporations--By-Laws--Restrictions On Transfer Of Bank Stock, Hugh B. Muir

Michigan Law Review

Plaintiff received thirty shares of bank stock by bequest. Before she presented the shares to the bank for transfer, the stockholders, by a majority vote (plaintiff dissenting), amended the by-laws so as to limit to certain classes the persons to whom the bank stock could be transferred, whether by transfer inter vivos, will, or descent. A mandamus proceeding was initiated against the bank to compel a transfer of the shares free of the restrictions. On defendants' appeal from a ruling denying a motion to quash an alternative writ, held, affirmed. The restrictions sought to be imposed were not authorized …

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this REVIEW.

Trusts-Power To Revoke Through Unrestricted Power To Amend, Alan P. Goldstein S.Ed.

Michigan Law Review

Plaintiff and defendant were the settlors and trustees of a twenty year trust created in 1945. Their wives were the beneficiaries. The settlors retained the unrestricted power to amend the trust, but reserved no power to revoke. In October, 1945 the trust was amended, giving to either trustee the power to terminate the trust at any time, upon notice to the other trustee. In 1947, plaintiff gave notice of revocation to the defendant, and when this notice was ignored, plaintiff petitioned for a decree of termination. A demurrer was sustained, and plaintiff appealed. Held, reversed. ''If the power to …

Hayes: The Historical Evolution Of Modern Nationalism., Michigan Law Review

Michigan Law Review

A Review of THE HISTORICAL EVOLUTION OF MODERN NATIONALISM. By Carlton J. H. Hayes.

Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.

Michigan Law Review

Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …

Rogge: Our Vanishing Civil Liberties., Michigan Law Review

Michigan Law Review

A Review of OUR VANISHING CIVIL LIBERTIES. By O. John Rogge.

Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz

Michigan Law Review

The confusion of terminology in our administrative law is a natural result of the manner in which that branch of law has developed. "The use of terms in administrative law exemplifies its most characteristic element-that it did not spring from a single source but has its roots in many places." The administrative process has not evolved according to a fixed plan; "thus far our Administrative Law has largely 'growed' like Topsy." With the haphazard habit characteristic of our political life, individual administrative agencies have been created as and when the need for them arose, without any logical system. The form …

Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.

Michigan Law Review

A traffic regulation of the City of New York provides that "[n]o person shall operate, or cause to be operated, in or upon any street an advertising vehicle; provided that nothing herein contained shall prevent the putting of business notices upon business delivery vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merely or mainly for advertising.'' Railway Express Agency, Inc., which owns and operates about 1,900 trucks in New York City, sold the space on the exteriors of these trucks for advertising unconnected with its own business. …

Corporations-Shares Of Stock-Reasonableness Of Restriction On Transfer Of Shares, E. Blythe Stason, Jr.

Michigan Law Review

Defendant corporation's by-laws provided, inter alia, that shareholders wishing to dispose of their shares must, in absence of contrary agreement with the remaining shareholders, give latter an option to buy at a price equal to book value, regardless of market value of these shares. This restriction was not set forth in the share certificates as required by statute. On refusal of defendant corporation to permit transfer of its shares except in compliance with the terms of the by-law, complainants brought suit for declaratory judgment, and obtained a finding that these terms were void. Held, affirmed. The by-law restriction violated …

Place Of Trial Of Civil Cases, William Wirt Blume

Michigan Law Review

Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …