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1932

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Institution
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Articles 61 - 90 of 823

Full-Text Articles in Law

Broadening Legal Education, Edgar Noble Durfee Dec 1932

Broadening Legal Education, Edgar Noble Durfee

Michigan Law Review

The adoption of the case-method was a wild venture into the unknown, and even now, after a half century of experience, its wisdom is not proved in any strict sense. I remind the reader of this in order that there may be between us a clear understanding that any discussion of legal education moves in the realm of opinion. And there are other difficulties. Legal education is an eminently practical business, a tangle of conflicting factors. Wisdom lies in compromise and patient shaping of details. I shall therefore concern myself not so much with formulation of principles as with details …


Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment Dec 1932

Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment

Michigan Law Review

Defendant delivered to the plaintiff, at about 10 o'clock A. M., a check drawn on the B bank. The next morning at 10:30 o'clock the plaintiff's agent went to drawee to cash the check. As there was "a run" being made on the bank that day, the agent was forced to stand in line. After waiting from 10:30 o'clock in the morning to 1 o'clock in the afternoon, he left without cashing the check. The next day the bank failed to open its doors. In an action by the plaintiff to recover the debt covered by the check, the defendant …


Contracts - Anticipatory Breach - Effect Of Election Dec 1932

Contracts - Anticipatory Breach - Effect Of Election

Michigan Law Review

The plaintiff leased a lot to a development company and the latter agreed to demolish the present buildings and begin the erection of new ones by April 1, 1934. The defendant was surety on a bond executed to insure performance. The development company was adjudged bankrupt and, on February 11, 1931, the trustee expressly repudiated the contract. On February 24 the plaintiff notified the trustee and the bankrupt that he refused to accept the disaffirmance of the contract and would hold them to performance. The plaintiff later brought suit on the theory that the action constituted an acceptance of the …


Torts - Due Care By Rescuer Dec 1932

Torts - Due Care By Rescuer

Michigan Law Review

Plaintiff, a woman about sixty years of age, described as "considerably overweight for her size and age," and her companion were swimming in a club pool. The companion went beyond her depth, called for help, and plaintiff went to her rescue. The lifeguard, believing plaintiff to be in difficulty, went to her rescue and, in pulling her over the bank of the pool, injured her arm, side, and back. From an award in favor of the plaintiff for $7,500, defendant, the lifeguard's employer, appealed. Held, the lifeguard owed the patron the duty of exercising ordinary care; judgment for plaintiff …


The Problem Of The Unprovided Case , John Dickinson Dec 1932

The Problem Of The Unprovided Case , John Dickinson

University of Pennsylvania Law Review

No abstract provided.


Debs V. The United States - A Judicial Milepost On The Road To Absolutism , Forrest Revere Black Dec 1932

Debs V. The United States - A Judicial Milepost On The Road To Absolutism , Forrest Revere Black

University of Pennsylvania Law Review

No abstract provided.


Editors , Editors Dec 1932

Editors , Editors

University of Pennsylvania Law Review

No abstract provided.


Notes , Editors Dec 1932

Notes , Editors

University of Pennsylvania Law Review

No abstract provided.


Book Reviews , Editors Dec 1932

Book Reviews , Editors

University of Pennsylvania Law Review

No abstract provided.


Purchase Money Resulting Trusts In West Virginia, Donald F. Black Dec 1932

Purchase Money Resulting Trusts In West Virginia, Donald F. Black

West Virginia Law Review

No abstract provided.


Banks And Banking--Constitutionality Of Statute Waiving Preference Of State Against Defunct Bank, Kingsley R. Smith Dec 1932

Banks And Banking--Constitutionality Of Statute Waiving Preference Of State Against Defunct Bank, Kingsley R. Smith

West Virginia Law Review

No abstract provided.


The President And Military Power In Emergencies, Charles Mccamic Dec 1932

The President And Military Power In Emergencies, Charles Mccamic

West Virginia Law Review

No abstract provided.


Legislation , Editors Dec 1932

Legislation , Editors

University of Pennsylvania Law Review

No abstract provided.


Contribution And Indemnity Between Tortfeasors , Robert A. Leflar Dec 1932

Contribution And Indemnity Between Tortfeasors , Robert A. Leflar

University of Pennsylvania Law Review

No abstract provided.


Constitutional Law - Interstate Commerce - Tax On Gasoline Imported From Another State And Stored For Local Consumption Dec 1932

Constitutional Law - Interstate Commerce - Tax On Gasoline Imported From Another State And Stored For Local Consumption

Michigan Law Review

The South Carolina Tax Act of 1930 levied a "license" tax of six cents per gallon on all persons who imported gasoline into South Carolina and kept it in storage there for purposes of local consumption, provided such gasoline had not already been subjected to the payment of license taxes upon the sale thereof by local dealers according to the gasoline tax acts of 1925 and 1929. The plaintiff imported gasoline from dealers outside the State, storing the gasoline in its tanks and using it for the purposes of its bleachery business. Held, that the 1930 Tax Act was …


Constructive Trusts - Land Purchased By Agent In Violation Of Fiduciary Obligation To Principal - Statute Of Frauds Dec 1932

Constructive Trusts - Land Purchased By Agent In Violation Of Fiduciary Obligation To Principal - Statute Of Frauds

Michigan Law Review

Plaintiffs employed defendant to negotiate for the purchase of a certain tract of land, defendant to receive a 5% commission if the purchase was made. Defendant contracted with the owner for the purchase of the land in his own name and made the down payment with his own funds. Plaintiffs demanded an assignment of the contract and on defendant's refusal brought suit to compel a conveyance of the property by defendant as trustee. Held, that a constructive trust may be created where an agent purchases with his own money property which he is employed to purchase for his principal, …


The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton Dec 1932

The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton

West Virginia Law Review

No abstract provided.


James Wiggins Simonton Dec 1932

James Wiggins Simonton

West Virginia Law Review

No abstract provided.


The Right To Trial By Jury In Prosecutions For Petty Federal Offenses, Melville Stewart Dec 1932

The Right To Trial By Jury In Prosecutions For Petty Federal Offenses, Melville Stewart

West Virginia Law Review

No abstract provided.


Equity--Fiduciary Or Confidential Relations--What Constitutes, George W. Mcquain Dec 1932

Equity--Fiduciary Or Confidential Relations--What Constitutes, George W. Mcquain

West Virginia Law Review

No abstract provided.


The Amendment Of West Virginia Statutes, Trixy M. Peters Dec 1932

The Amendment Of West Virginia Statutes, Trixy M. Peters

West Virginia Law Review

No abstract provided.


Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell Dec 1932

Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell

West Virginia Law Review

No abstract provided.


Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias Dec 1932

Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias

West Virginia Law Review

No abstract provided.


Cases On The Administration Of Insolvent Estates, Raymon T. Johnson Dec 1932

Cases On The Administration Of Insolvent Estates, Raymon T. Johnson

West Virginia Law Review

No abstract provided.


Trusts - Compromise Agreement As Means Of Terminating Testamentary Spendthrift Trust Dec 1932

Trusts - Compromise Agreement As Means Of Terminating Testamentary Spendthrift Trust

Michigan Law Review

In Rose v. Southern Michigan National Bank, the Michigan Supreme Court refused to terminate a spendthrift trust composed of both real and personal property, although to end litigation upon the will all the parties in interest had signed a compromise agreement to terminate the trust according to the Michigan statute. There was no objection as to the fairness of the agreement, upon which ground the court might have refused to sanction the compromise under the statute. The decision seems to have been based upon the theory that to give effect to the compromise agreement would defeat the purpose of …


Suretyship - Interpretation Of Surety Contract Dec 1932

Suretyship - Interpretation Of Surety Contract

Michigan Law Review

A bank sued to recover on a surety bond for loss sustained because of fraud practised by one of the vice-presidents on a customer. The bond provided that performance was subject to certain conditions and limitations, among which was one to the effect that the bank should notify the surety within ninety days of the default. The surety was not notified until the trial four years later. Held, notification is a condition precedent to liability, even though the surety was not prejudiced by lack of notice. National City Bank v. National Security Company, (C. C. A. 6th, 1932) …


Congressional Redistricting And The Constitution, Harold M. Bowman Dec 1932

Congressional Redistricting And The Constitution, Harold M. Bowman

Michigan Law Review

Is congressional redistricting by state legislatures an exercise of the lawmaking function, subject to the governor's veto power? Is fairness in such redistricting secured today either by federal statute or by the federal Constitution? Of these two questions, posed by recent events, the first has been completely answered; the second has been answered in part only -- breeding in its answer new and troublesome problems.


What Is A "Contract" Under The Contracts Clause Of The Federal Constitution?, Paul G. Kauper Dec 1932

What Is A "Contract" Under The Contracts Clause Of The Federal Constitution?, Paul G. Kauper

Michigan Law Review

The case of Coombes v. Getz, recently decided by the United States Supreme Court, raises in a crucial way the question of what is a contract within the meaning of Article I, section 10 of the Constitution, forbidding States to pass laws impairing the obligations of contracts. A provision of the California Constitution in force at the time the plaintiffs brought this action in the state court below made directors of corporations jointly and severally liable to the creditors and stockholders for all moneys embezzled or misappropriated by the officers of the corporation during the term of office of …


The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard Dec 1932

The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard

Michigan Law Review

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the …


Constitutional Law - Due Process And Equal Protection - Right Of Counsel Dec 1932

Constitutional Law - Due Process And Equal Protection - Right Of Counsel

Michigan Law Review

The Scottsboro cases decided by the Supreme Court at the present term raise several interesting constitutional questions. The judgments were assailed on the ground that they were violative of the due process and equal protection clauses of the Fourteenth Amendment in three respects: (1) that the negroes were tried by juries from which members of their race were systematically excluded; (2) that they were not accorded a fair, impartial and deliberate trial; (3) that due process was denied because the right of counsel, with the usual incidents of consultation and adequate preparation for trial, was lacking. While the Supreme Court …