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Full-Text Articles in Law
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Articles
A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
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 …
Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination
Michigan Law Review
To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …