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Articles 1 - 13 of 13
Full-Text Articles in Law
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Michigan Law Review
A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …
Contracts - Sales - Effect Of Reasonable Belief In Buyer's Insolvency On Seller's Duty To Perform, W. Wallace Kent
Contracts - Sales - Effect Of Reasonable Belief In Buyer's Insolvency On Seller's Duty To Perform, W. Wallace Kent
Michigan Law Review
The plaintiff ordered goods from the defendant, for immediate delivery, terms $1,500 down, balance covered by notes of three and six months. The check given for the down payment was dishonored because of insufficient funds but was subsequently honored. On investigation the defendant discovered that there were unpaid judgments outstanding against the plaintiff, some of which were upwards of three years old. Inferring that the plaintiff was insolvent, the defendant refused to deliver the goods unless cash was paid therefor and when plaintiff refused this offer defendant attempted to return the down payment. Held, plaintiff's affairs were in such …
Carriers - Motor Carrier Act Of 1935 - Issuance Of Certificates Of Convenience And Necessity, William H. Hillier
Carriers - Motor Carrier Act Of 1935 - Issuance Of Certificates Of Convenience And Necessity, William H. Hillier
Michigan Law Review
Applicant petitioned the Interstate Commerce Commission for a certificate of public convenience and necessity to operate a transcontinental bus line, claiming that it offered a distinct type of low-cost service, that by so doing it attracted a portion of the travelling public not served by other carriers, that its through-trip features were a special convenience to its passengers, and that meals en route were included in its fare charges, which were slightly lower than those of existing carriers. The protesting carriers claimed that existing bus facilities could amply handle all of applicant's traffic, that competition in the motor bus field …
Taxation -- State Sales Taxes In Relation To Interstate Commerce -- The Berwind-White Case, Eugene Gressman
Taxation -- State Sales Taxes In Relation To Interstate Commerce -- The Berwind-White Case, Eugene Gressman
Michigan Law Review
One of the underlying theories of the constitutional framework, as exemplified by the commerce clause, is that there shall be a free national market, unhampered by state tariffs or restrictions. Congressmen are free to ward off the rigors of disastrous foreign competition by bringing home industries under the protective umbrella of high national tariffs, but state legislators are supposed to be powerless to protect their local industries from the damaging competition--that "most potent stimulant to improvement and progress"--emanating from other states.
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Michigan Law Review
Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Michigan Law Review
On being refused a license, a carrier operating under the provisions of the Federal Motor Carrier Act sought to enjoin public officials of Kentucky from enforcing the penal and contraband portions of the Kentucky Liquor Law, which required a license from the state as a prerequisite to the right to transport liquor. Plaintiff claimed that the state act was a violation of its rights under the commerce clause in that the requirement of the license placed an unconstitutional burden on its right to transport liquor in interstate commerce. On appeal from a federal three-judge court's ruling sustaining a motion to …
Principal And Agent - Application Of "Sole Actor" Doctrine, Michigan Law Review
Principal And Agent - Application Of "Sole Actor" Doctrine, Michigan Law Review
Michigan Law Review
Defendant executed a note for $12,500 to the Taylor National Bank, due six months after date, at the request of one Morton, president and cashier of the bank. Defendant was told by Morton that the instrument was purely an accommodation note, that he would never have to pay anything on account of it and that before using it Morton would see that good and sufficient collateral was placed with it. In defense to an action on the note by the receiver of the bank, the defendant charged that the bank had knowledge of the conditions and purposes for which the …
Vendor And Purchaser-Vendor's Release Of Sub-Assignee Held A Discharge Of All Prior Assignees, Robert M. Warren
Vendor And Purchaser-Vendor's Release Of Sub-Assignee Held A Discharge Of All Prior Assignees, Robert M. Warren
Michigan Law Review
The bank for which plaintiff is receiver sold land on contract. There followed four successive assignments of the vendee's interest, in each of which the assignee expressly assumed the contract obligation. After the fourth assignment, default occurred as to payments and taxes, and plaintiff began negotiations to sell the property to an intermediate assignee, R. To effectuate this sale, plaintiff procured an assignment in blank from the fourth assignee, W, in consideration of a release of W from further liability on the contract. The negotiations with R having failed, plaintiff brought suit against the vendee and all the …
Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer
Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer
Michigan Law Review
The state of Texas levied an annual franchise tax on all corporations, both foreign and domestic, authorized to do business within the state. The tax was assessed on the basis of the amount of the total capital stock which was allocable to Texas, the allocation being based on the proportion that Texas gross receipts bore to total gross receipts. This formula, as applied to the Ford Motor Company, gave the statutory base of $23,000,000 on which Ford paid the tax under protest. The evidence showed that the Ford Motor Company had only an assembly plant in Texas worth $3,000,000, that …
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Michigan Law Review
In cross suits for infringement of trade mark between the C Distilling Company and the P Brewing Company over the use of the trade mark "Century Club" on liquor and beer respectively, a collateral question arose, whether the assignment under which the distilling company claimed a right to the name was valid. The assignor of the trade mark was a wholesaler of several different brands of liquor that were produced by different distillers. The particular brand "Century Club" was manufactured by the C Distilling Co. The wholesaler assigned its right to use the name "Century Club" to the C Distilling …
Sales - Recovery By Seller Against Third Party Tortfeasor, Robert A. Solomon
Sales - Recovery By Seller Against Third Party Tortfeasor, Robert A. Solomon
Michigan Law Review
Plaintiff sold a truck under a conditional sales contract expressly reserving title until the purchase price was paid by the buyer. Pursuant to the terms of the contract, possession was transferred to the latter. While the truck was in his possession it was destroyed through the negligence of the defendant, a third party. At the time of the destruction the buyer had not defaulted in the payments. Held, affirming the decision of the lower court, that the plaintiff had no right to maintain an action against the defendant to recover for the negligent destruction of the truck. Gas City …
Taxation - Interstate Commerce - State Taxation Of Gasoline Of Interstate Motor Carriers, C. Eugene Gressman
Taxation - Interstate Commerce - State Taxation Of Gasoline Of Interstate Motor Carriers, C. Eugene Gressman
Michigan Law Review
An Arkansas statute required the payment of the state tax on all gasoline carried into the state in motor vehicle fuel tanks in excess of 20 gallons. The revenue therefrom was applied for highway purposes. Appellee's buses traveled four different routes, two from Memphis through Arkansas to St. Louis and two from Memphis to cities in Arkansas. For the Memphis-St. Louis trip, 68 gallons were required, only 16 of them being used in Arkansas. These 68 gallons, plus 10 extra ones, were placed in the tank at Memphis. On arrival at the Arkansas line, each bus still had 77 gallons …
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Michigan Law Review
Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for …