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Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable
Michigan Law Review
In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …
Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument
Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument
Michigan Law Review
Plaintiff was a good faith purchaser of a trade acceptance payable at a fixed date with a provision for acceleration at the option of the holder [1] " . . . upon the acceptor hereof suspending payment, [2] giving a chattel mortgage, [3] suffering a fire loss, [4] disposing of his business or [5] failing to meet at maturity any prior trade acceptance." In an action by the plaintiff after the fixed date of maturity, defendant-acceptor contended that accelerating provisions 3 and 5 rendered time of payment uncertain and the instrument non-negotiable. Held, the trade acceptance was negotiable. People's …
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 …
Attorney And Client - Disbarment - False Testimony
Attorney And Client - Disbarment - False Testimony
Michigan Law Review
A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.
Torts -Attractive Nuisance - Natural Hazards
Torts -Attractive Nuisance - Natural Hazards
Michigan Law Review
The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …