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Full-Text Articles in Law

Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper Nov 1935

Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper

Michigan Law Review

The problem of securing effective governmental regulation of economic interests that overlap state boundary lines, while at the same time curbing the growth of a centralized bureaucracy and preventing the disintegration of local government, becomes daily more disturbing. For this reason the passage of the Motor Carrier Act in the closing days of the 74th Congress and its approval by the President on August 9, 1935, was an event of singular importance for students of American governmental administration. Important as the legislation is in its substantive aspects, it is equally noteworthy because of its administrative provisions. The striking feature of …


Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold May 1935

Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold

Michigan Law Review

Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …


Sales - Chattel Mortgages Under The Bulk Sales Statutes Jan 1935

Sales - Chattel Mortgages Under The Bulk Sales Statutes

Michigan Law Review

Gessaman, who was a dealer in new and used automobiles, was indebted to the bank and other creditors. While so indebted, he executed and delivered to the acceptance corporation a chattel mortgage upon all the furniture, fixtures, equipment and supplies used in the business. Later the mortgagee took possession of the chattels without suit, and immediately afterward Gessaman was adjudged a bankrupt. The trustee, in behalf of the bank and other creditors, seeks to subject the chattels to a trust in the hands of the acceptance corporation upon the claim that the chattels were taken under a sale in violation …


Bills And Notes - Rule Of Decision In Federal Courts - Application Of Swift V. Tyson To The Uniform Negotiable Instruments Law Jan 1935

Bills And Notes - Rule Of Decision In Federal Courts - Application Of Swift V. Tyson To The Uniform Negotiable Instruments Law

Michigan Law Review

Plaintiff, the transferee after maturity of certain promissory notes made by defendant in Florida, sued in his own name on the notes in the Federal District Court for Pennsylvania. Under the Pennsylvania practice, an assignee after maturity could not sue in his own name unless the notes were negotiable. The District Court concluded that the notes, which contained a provision for interest on overdue interest payments, were non-negotiable and sustained a demurrer. This was affirmed by the Circuit Court of Appeals for the Third Circuit on the ground that although the Florida Negotiable Instruments Law was the law of the …