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Corporations-Tort Liability Of Independent Taxi Owners' Associations Dec 1934

Corporations-Tort Liability Of Independent Taxi Owners' Associations

Michigan Law Review

(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …


Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding May 1934

Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding

Michigan Law Review

Plaintiff sued on promissory notes given it by defendant in part payment of the purchase price for a dumptor. Defendant counterclaimed on the ground that he was induced to buy the dumptor because of fraudulent misrepresentations made by the plaintiff's agent. The contract contained the stipulation that "no representations made by an agent not included herein shall be binding," and therefore the plaintiff contended that the jury could not consider any of the false statements made by its agent. Held, said statement is ineffectual to preclude the defendant from asserting fraud. National Equipment Corp. v. Volden, (Minn. 1934) …


Carriers - Statutory Limitation Of Liability - Degrees Of Care Feb 1934

Carriers - Statutory Limitation Of Liability - Degrees Of Care

Michigan Law Review

When the decedents attempted to drive from the petitioner's ferry boat, the chain holding the boat to the dock parted and the truck in which they were riding was precipitated into the river, drowning the occupants. In a proceeding in admiralty against the administrator of the deceased persons, under the statute limiting the liability of shipowners, the court held that the statute limiting liability applies only when the owner of the vessel is sought to be made liable for the fault of a servant or agent, and that the duty to provide a seaworthy vessel is a non-delegable one which …


Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements Feb 1934

Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements

Michigan Law Review

The plaintiff, a 15-year-old boy, was employed by the manager of the defendant's store in delivering merchandise and in peddling bills. One cold day the manager asked the plaintiff to accompany him in the truck and deliver orders. Despite the boy's objection that it was "too stormy," the manager told him that he must go, that he would not have time to go home after warmer clothing, that he would be gone but a short time, and that "he would be all right." As a result of this trip, the plaintiff became seriously ill and now sues for damages on …


Banks And Banking-Payment By Savings Bank To Other Than Depositor Jan 1934

Banks And Banking-Payment By Savings Bank To Other Than Depositor

Michigan Law Review

The plaintiff, depositor in a savings bank, sued the bank to recover for a payment made, upon presentation of the passbook together with a forged receipt, to one known to have previously acted as the depositor's agent. In order to protect itself in such a case the bank had provided the following bylaw: "The passbook shall be the voucher of the depositor, and the possession of the passbook shall be sufficient authority to the bank to warrant any deposit or payment made or entered therein." Held, the bank was liable to the depositor, despite the by-law, as it was …