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Articles 1 - 30 of 67
Full-Text Articles in Law
Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed.
Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed.
Michigan Law Review
The plaintiff brought this action against the defendant insurance company as beneficiary of a life insurance policy. The insured signed the application in blank and the soliciting agent inserted false answers to questions in the application concerning medical attendance and prior application for insurance. The application was inserted in and became a part of the policy. The policy was mailed by the defendant to the insured with a return post-card wherein it was stated that the statements on the application were correct and that the insured was in good health. The card was signed by the insured, witnessed by the …
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
Michigan Law Review
The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …
Evidence--Hearsay And Circumstantial--Infant As Witness--Indecent Liberties, Rosemary Scott
Evidence--Hearsay And Circumstantial--Infant As Witness--Indecent Liberties, Rosemary Scott
Michigan Law Review
In the prosecution of the defendant for taking indecent liberties with a female under sixteen years of age, testimony respecting the features of the house and neighborhood where the offense occurred as narrated by the complaining witness to her mother was objected to as hearsay; and testimony of a second child as to advances made by the defendant in the same vicinity was objected to as putting in issue his character. Held, that the mother's testimony as to the statements, made to her by the child soon after the offense, were competent to show that the child had knowledge; …
Torts-Damages From Shock-Liability For Mental Injury Caused By Defendant's Suicide In Plaintiff's Home, Samuel D. Estep S.Ed.
Torts-Damages From Shock-Liability For Mental Injury Caused By Defendant's Suicide In Plaintiff's Home, Samuel D. Estep S.Ed.
Michigan Law Review
Decedent was the close neighbor of the plaintiff and her husband. While they were absent from home, decedent, at that time a guest in the home, committed suicide in plaintiff's kitchen. When plaintiff opened the door she saw the body, and started to fall but was caught by her husband. A physician to whom she was taken pronounced her condition as one of shock. Subsequently she was restless, nervous and found difficulty in sleeping. She now sues the estate of decedent for damages resulting from what she alleges was the willful act of decedent. The trial court gave a directed …
Dispensing With Administration, Paul E. Basye
Dispensing With Administration, Paul E. Basye
Michigan Law Review
With an elaborate system existing in every state for the administration of decedents' estates, it should not be assumed that every estate is or need be subjected to official supervision by a probate court. According to studies made in this connection there is approximately one administration for every four deaths. In some cases there is no estate to be administered. In others it is of such small value that administration is neither required nor justified. Even when a decedent dies possessed of a moderate or large estate, it does not follow that administration is absolutely essential. It is the experience …
A Comparative Study Of Conflict Of Laws: A Review Of Volume One, Elliott E. Cheatham
A Comparative Study Of Conflict Of Laws: A Review Of Volume One, Elliott E. Cheatham
Michigan Law Review
This is a notable book. It is the first volume of a comparative study of conflict of laws, undertaken at the invitation of the American Law Institute and completed with the support of the University of Michigan Law School. The author, Dr. Rabel, is a man whose great learning has been tempered and made fruitful by a distinguished and varied career as lawyer and as judge on national and international tribunals, as director of an institute of comparative law and conflict of laws serving practical as well as scholarly aims, and as author and professor of law.
Evidence--Recent Developments (A Service For Returning Veterans), John E. Tracy
Evidence--Recent Developments (A Service For Returning Veterans), John E. Tracy
Michigan Law Review
The developments in the law of evidence in the war years have not been great. They have been mainly along the lines of tests for witnesses, the use of confessions in criminal cases, the interpretation by the courts of the so-called "Business Entries" Act and the adoption by the American Law Institute of a proposed Code of Evidence.
Criminal Law-A Study Of Statutory Blackmail And Extortion In The Several States, Alice Kramer Griep
Criminal Law-A Study Of Statutory Blackmail And Extortion In The Several States, Alice Kramer Griep
Michigan Law Review
In attempting to define the crime of extortion or blackmail, it must be pointed out at the outset that there is a technical crime known as extortion, which stems from the common law, and there is another statutory crime which may be called extortion or blackmail, this latter crime being what the lawyer and laymen usually refer to by the term blackmail. Extortion at common law was the unlawful taking by an officer, by color of his office, of any money or thing of value that was not due him, or more than was due, or before it was due. …
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Michigan Law Review
By far the oldest of the common law devices for taking a case away from a jury is the demurrer upon evidence. A reported instance of its use appears as early as 1456.
Conflict Of Laws-Statute Of Limitations-State Statute Binding On Federal Court In Equity Case When Sole Ground Of Jurisdiction Is Diversity Of Citizenship, Samuel D. Estep S.Ed.
Conflict Of Laws-Statute Of Limitations-State Statute Binding On Federal Court In Equity Case When Sole Ground Of Jurisdiction Is Diversity Of Citizenship, Samuel D. Estep S.Ed.
Michigan Law Review
Defendant trust company was trustee for enforcing the rights of noteholders of the Van Sweringen Corporation. When it became apparent that the Corporation could not meet its obligations, defendant company gave an option to noteholders to sell the notes for 50 per cent cash plus stock in the Van Sweringen Corporation. The donor from whom the plaintiff had received some of these notes as a gift had not accepted the exchange. Plaintiff brings suit for an alleged breach of trust. The circuit court of appeals held, reversing the summary judgment of the district court, "that in a suit brought on …
Evidence-Two Witnesses Rule In Action For Perjury, Milton D. Solomon S.Ed.
Evidence-Two Witnesses Rule In Action For Perjury, Milton D. Solomon S.Ed.
Michigan Law Review
The petitioner was convicted of perjury. The trial judge refused to give the following instruction to the jury: "The government must establish the falsity of the statement alleged to have been made by the defendant under oath, by the testimony of two independent witnesses or one witness and corroborating circumstances. Unless that has been done, you must find the defendant not guilty." The petitioner was convicted and the circuit court of appeals affirmed the district court. Held, the refusal of the district judge to instruct the jury as requested was reversible error. Weiler v. United States, (U.S. 1945) …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Michigan Law Review
Appellee, the United States government, by a proceeding in rem, sought to condemn two shipments of canned oysters packed by appellant, the C. C. Company, under the Federal Food, Drug and Cosmetic Act, on the ground that the oysters were wholly or partially decomposed. The district court found for the appellee on conflicting evidence of experts, and appellant appealed to the Circuit Court of Appeals for the Fifth Circuit. On the theory that procedure on appeal should conform to appeals in admiralty, the circuit court of appeals reviewed the whole case de novo, reversed the district court on the ground …
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Michigan Law Review
Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is …
Family Partnerships Under The Income Tax, Yale A. Barkan
Family Partnerships Under The Income Tax, Yale A. Barkan
Michigan Law Review
The usual type of family partnership has the taxpayer operating or organizing a business, and giving or selling a portion of that business to his wife or children. The aim of the taxpayer is to divide his income among members of the family group. The profits are thus taxed to two or more individuals, rather than to the taxpayer alone. Recognition of these family partnerships for federal income tax purposes is just one aspect of the family income problem.
The Disputes Article In Government Contracts, Leslie L. Anderson
The Disputes Article In Government Contracts, Leslie L. Anderson
Michigan Law Review
An approach to the subject of government contracts requires some departure from the lawer's usual concept of a legal right. In this field, departures from generally accepted principles of contract law have developed in no small part from administrative practice, and the concept of a legal right cannot be thought of simply from the angle of enforceability in court. In transactions between private parties, the fact that the United States Supreme Court in Chase Securities Corporation v. Donaldson recently treated a legal right as being in essence merely dormant after the running 6f the statute of limitations against it would …
Political Committee Expenditures And The Hatch Act, John W. Lederle
Political Committee Expenditures And The Hatch Act, John W. Lederle
Michigan Law Review
Democratic governments are rightly concerned about how money is used to influence elections. The oft-quoted proverb, "He who pays the piper calls the tune," contains a large grain of truth. In many countries comprehensive statutory regulation of campaign expenditures may be found; but it is unlikely that any other country can match the variety of experiments which have been indulged in by-the national Congress and the forty-eight state legislatures in the United States.
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Michigan Law Review
Here must be the key to Johnson's constitutional jurisprudence, which time, and the effect of the repression of Marshall's domination has obscured. The dynamic pattern of his thought is, however, unmistakable when analyzed without the burden of prepossession. There can be little meaning to what Johnson said in Ogden v. Saunders unless conceived in relation to Johnson's whole approach to man and society and his repeated insistence upon "that communication of thought and experiment without which nothing human can advance in improvement." Otherwise, we are unable to reconcile his repeated dwelling upon the literal meaning of words and their "technical …
Attorney And Client-Criticism Of Court As Ground For Disciplinary Action, Howard Jacobs
Attorney And Client-Criticism Of Court As Ground For Disciplinary Action, Howard Jacobs
Michigan Law Review
Defendant, an attorney, while candidate for nomination to the office of Justice of the Supreme Court of Wyoming, wrote and circulated a pamphlet making false, contemptuous and scandalous charges against the court. He admitted in the pamphlet that he became a candidate for the sole purpose of attacking the court. Held, preparing and circulating such a pamphlet amounted to willful violation of defendant's duties as an attorney of the State of Wyoming, and constituted a legal cause for his suspension from practice for six months. State Board of Law Examiners v. Spriggs, (Wyo. 1945) 155 P. (2d) 285.
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Michigan Law Review
Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of …
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Michigan Law Review
The insured and a revocably designated beneficiary jointly assigned a life insurance policy as collateral security for a prior indebtedness of the insured. Another policy and first deed of trust notes were also assigned as collateral by the insured. Upon the death of the insured, who obtained the policy and paid all premiums, the bank applied a proportionate amount of the proceeds from this policy to the debt and paid the remaining sum to the beneficiary. Executors of the estate of the insured seek to recover the sum paid by the bank to the beneficiary, while executors of the beneficiary …
Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson
Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson
Michigan Law Review
For some seven or eight years before the commencement of their suit for injunction, plaintiffs had been jointly engaged in the business of distributing milk and milk products to retail dealers in a certain area. They performed all of their own labor, purchasing from wholesalers and making delivery to retail customers in their own trucks which they owned and individually operated. The defendants were the Milk Drivers and Dairy Employees Union, Local No. 93, and Paul Jones, its secretary-treasurer. Defendant union had entered into union shop contracts with about 95 per cent of the milk wholesalers in the area, whose …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Michigan Law Review
Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Compensation For Terminated Fixed-Price Supply War Contracts, Edward S. Feldman
Compensation For Terminated Fixed-Price Supply War Contracts, Edward S. Feldman
Michigan Law Review
The enormous volume of government contract cancellations requires a fuller understanding by contractors of the principles of securing fair compensation promptly for their charges if they are to have funds to reconvert their plants and operate them successfully. As the Director of Contract Settlement stated in a recent report to Congress, "The contracting agencies alone cannot do the contract settlement job. Contractors, too, must be willing and able to do their part. To be adequately prepared, contractors must be able (1) to make out claims and (2) to process claims of their subcontractors and suppliers."
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Michigan Law Review
Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Michigan Law Review
When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …
Waiver Of Protest: A Comparative Study, Raúl Olivera Y Borges
Waiver Of Protest: A Comparative Study, Raúl Olivera Y Borges
Michigan Law Review
Parallel to the study of protest, it is pertinent to consider the nature and legal effects of exempting clauses which, while not essential, may be found in bills of exchange. Waiver of protest appears to have been introduced by the practice in France during the first third of the nineteenth century. It is generally used to moderate the consequences of non-payment, by a drawer who lacks confidence in the solvency of the drawee, or who fears that he may not be able to provide the necessary funds before maturity. The drawer can thus spare the susceptibilities of a drawee who …
The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith
The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith
Michigan Law Review
It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …