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Full-Text Articles in Law

Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls Nov 1936

Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls

Michigan Law Review

The coal company shipped coal from its mines in Pennsylvania by means of its own private railway, river barges, and tugs to a point in Ohio where the coal was unloaded, washed, freed from impurities, and sorted into appropriate sizes. Thereafter it was delivered by the company to a common carrier in Ohio for transportation to points within the state to .fill orders often not received until after the coal left the mines. Held, the haul by the common carrier in Ohio is not subject to the jurisdiction of the Interstate Commerce Commission and is intrastate commerce which may …


Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale Nov 1936

Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale

Michigan Law Review

A New Mexico statute exacts a flat permit fee for the privilege of transporting motor vehicles, on their own wheels, over the highways of the state, for purpose of sale within or without the state. Held, this does not impose an unconstitutional burden on interstate commerce nor does it discriminate against a citizen of another state engaged in transporting automobiles on their own wheels, in processions or caravans, for sale outside of New Mexico. Morf v. Bingaman, (U.S. 1936) 56 S. Ct. 756.


Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens Jun 1936

Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens

Michigan Law Review

It is the purpose of the present article to suggest that another means of accomplishing the end exists in the possibility of an interstate compact for uniform corporate legislation, coupled with supplementary federal legislation appropriate to make the interstate compact effective.


Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce May 1936

Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce

Michigan Law Review

There is little question today but that a foreign corporation may be subject to suit and a personal judgment in a state where it is doing business if service has been had upon a proper agent of the corporation, designated by law or otherwise. There may be consider able question as to what constitutes "doing business." The fact that the business carried on by a corporation is wholly interstate in character will not prevent that corporation from being subject to service in the same manner as though it were doing intrastate business as well a It also seems clear that …


Retail Responsibility And Judicial Law Making, John Barker Waite Feb 1936

Retail Responsibility And Judicial Law Making, John Barker Waite

Michigan Law Review

When the corner grocer sells a can of beans and a peck of fresh spinach, does he make himself responsible for the contents of the can, or acquire liability because of a green worm buried deep in the leaves?


Sales - Status Of Title-Retaining Instruments As Against Third Persons Feb 1936

Sales - Status Of Title-Retaining Instruments As Against Third Persons

Michigan Law Review

The exploitation of the legal concept of divided property interests in chattels by ingenious draftsman-lawyers has resulted in the variety of title-retaining instruments commonly used today in the creation of vendor-vendee relationships. Among the more familiar forms may be mentioned the conditional sale, bailment lease, chattel mortgage, and trust receipt. The chief motive of the seller in resorting to these devices seems to lie in the belief that the buyer is a poor credit risk, and the particular instrument which a seller will employ in a given situation will depend largely upon the relative legal advantages which he seeks to …


Municipal Corporations-Standards Required In Licensing Ordinances Feb 1936

Municipal Corporations-Standards Required In Licensing Ordinances

Michigan Law Review

Defendant appealed from conviction for operating a used auto business without obtaining a license for such business under a city ordinance requiring same to be granted by the city commission if in its opinion applicant was a proper and suitable person, the place to be used was proper, having in mind the nature and character of the business and possibility of commission of crime, and the sanitary facilities thereon were proper. There was no specific legislative grant for passage of such ordinance. Defendant's application was rejected by the commission mainly because of lack of proper sanitary facilities. Held, standards …


Sales-Corporate Reorganization Proceedings Under Section 77b-Right Of Conditional Vendors To Reclaim Property Feb 1936

Sales-Corporate Reorganization Proceedings Under Section 77b-Right Of Conditional Vendors To Reclaim Property

Michigan Law Review

The debtor, a laundry corporation, had filed a petition for reorganization under Section 77B of the Bankruptcy Act. The petition was granted, but prior to the approval by the court of a reorganization plan several conditional vendors (whose sales agreements had been filed according to the requirement of the New York law) moved to retake the articles sold, in accordance with said law relative to conditional sales, the debtor having defaulted in the agreed payments. Held, the conditional vendors were not lienors nor mortgagees, whose interests would have been covered by the reorganization petition; and since the chattels were …