Law Commons^™

Editorial Board/Editorial, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Report Of The North Carolina Constitutional Commission, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Book Reviews, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Books Received, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Corporations -- Agreement To Repurchase Own Stock, Robert A. Hovis

North Carolina Law Review

No abstract provided.

Husband And Wife -- Presumptions -- Transfer Of Property From Wife To Husband, A. E. Garrett Jr.

North Carolina Law Review

No abstract provided.

Mortgages -- Suretyship Where Grantee Of Mortgagor Assumes Mortgage Debt, Dallace Mclennan

North Carolina Law Review

No abstract provided.

Public Utilities -- When A Utility May Withold Or Withdraw Service For Reasons Of Credit, Cecile L. Piltz

North Carolina Law Review

No abstract provided.

Res Judicata -- Judgment In Ejectment Suit As Res Judicata Preventing Restitution Of Land, William Medford

North Carolina Law Review

No abstract provided.

Taxation -- Copyright Royalties As Immune From State Taxation, E. M. Perkins

North Carolina Law Review

No abstract provided.

Trusts -- Distinction Between Dividend And Coupon Funds, Frank P. Spruill Jr.

North Carolina Law Review

No abstract provided.

The Proposed Integrated Bar Act Of Indiana, William T. Fox

Indiana Law Journal

No abstract provided.

Cashier's Check-Failure Of Consideration-Non-Liability Of Bank

Indiana Law Journal

No abstract provided.

Is Mortgagor's Liability Extinguished By Extension Of Time For Payment Without His Consent, Gale Blocki

Chicago-Kent Law Review

No abstract provided.

The True Function Of The Attestation Clause In A Will, Roger L. Severns

Chicago-Kent Law Review

No abstract provided.

Discussion Of Recent Decisions, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Book Reviews, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Books Received, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Undergraduate News, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Specific Performance - Chattel Contracts Performable In Installments

Michigan Law Review

The refusal of a court of equity to decree the performance of a contract relating to personalty is not based on any intrinsic. difference between land and chattels. Any distinction between them is entirely subordinate to the question whether an adequate remedy can be afforded at law. Yet constant repetition has imparted such a degree of rigidity to the rule that courts have been prone to forget the reason on which it rests. Nowhere is this fact more evident than in the field of installment contracts.

Libel - Defamatory Statements In Appellate Brief - Publication Of Excerpts By Legal Scholar As Privileged

Michigan Law Review

The right to reputation, at least as far as written defamation is concerned, is recognized as an absolute right, to be invaded at peril. Yet it often becomes necessary in the course of judicial proceedings to consider the character and acts of individuals and to make them the subject of inquiry or comment. On such an occasion the demands of society compel a surrender of the interests of the citizen and require an immunity from prosecution for what would otherwise constitute an actionable wrong.

Torts - Liability Of Manufacturer To Remote Vendee

Michigan Law Review

In the now famous case of MacPherson v. Buick Motor Company the New York Court of Appeals was faced with the question of the liability of a motor manufacturer to a plaintiff who had purchased a car from a retailer and who had been injured at the time of the coIIapse of a defective wheel. In deciding that such a manufacturer owed a duty to use reasonable care in inspection of the wheels which were to be placed under the assembled car, Justice Cardozo said: "We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, …

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 …

Bills And Notes - Promissory Notes - Negotiability At Common Law

Michigan Law Review

Defendant contractors left a check for materialmen in the hands of a third party who appropriated the check to his own use and then, in lieu thereof, gave his own note to the materialmen who endorsed it to a bank and credited the contractors with the amount of the note. In an action by the materialmen against the contractors for services rendered and materials furnished, held, such acceptance and negotiation constituted a payment of the materialmen's claims. Riedman v. Macht, (Ind. App. 1932) 182 N. E. 87.

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 …

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 …

Assignment Of Money Claims (Particularly Wage Claims) - Restraint On Alienation

Michigan Law Review

If a contract has been performed on one side so that all that remains is an obligation to pay and a right to receive money, can the parties by agreement effectively prevent the assignment of the claim? The Illinois Supreme Court had this question before it for consideration in the case of State Street Furniture Co. v. Armour & Co., where the plaintiff was the assignee of wages due to an employee of the defendant, the employee having agreed not to assign his wages without the written consent of his employer. The court decided that the restrictive agreement had …

The Right To Comment On The Failure Of The Defendant To Testify, Andrew A. Bruce

Michigan Law Review

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

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 …

Insurance - Fire Insurance - Jewelry Thrown Into Furnace

Michigan Law Review

Plaintiff had a fire insurance policy covering household goods, including jewelry. Plaintiff's servant, not realizing that an envelope contained two rings, threw the envelope into a waste basket, the contents of which were later thrown into the furnace. In a suit upon the policy a judgment was directed against the defendant. On appeal, it was held, two justices dissenting, that the loss was not covered by the policy because the fire was "friendly" rather than "hostile." Harter v. Phoenix Ins. Co., 257 Mich. 163, 241 N. W. 196 (1932).