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Articles 91 - 120 of 823
Full-Text Articles in Law
Torts - Liability Of Manufacturer To Remote Vendee
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, …
Bills And Notes - Promissory Notes - Negotiability At Common Law
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.
Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment
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 …
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, …
Contracts - Anticipatory Breach - Effect Of Election
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 …
Assignment Of Money Claims (Particularly Wage Claims) - Restraint On Alienation
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 …
Congressional Redistricting And The Constitution, Harold M. Bowman
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.
Broadening Legal Education, Edgar Noble Durfee
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 …
Specific Performance - Chattel Contracts Performable In Installments
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.
Trusts - Compromise Agreement As Means Of Terminating Testamentary Spendthrift Trust
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
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) …
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 …
Should The Federal Government Establish A Bankruptcy Bureau, Max Isaac
Should The Federal Government Establish A Bankruptcy Bureau, Max Isaac
Notre Dame Law Review
No abstract provided.
Recent Decisions, William M. Cain, E. L. Barrett, John M. Crimmins, Philip L. Konop
Recent Decisions, William M. Cain, E. L. Barrett, John M. Crimmins, Philip L. Konop
Notre Dame Law Review
No abstract provided.
Book Reviews, John W. Curran, Daniel C. Lencioni
Book Reviews, John W. Curran, Daniel C. Lencioni
Notre Dame Law Review
No abstract provided.
The Integrated Bar In Alabama, Borden H. Burr
The Integrated Bar In Alabama, Borden H. Burr
Indiana Law Journal
An address delivered to the State Bar Association at South Bend, July 8, 1932.
Modern Tendencies In Preparation For The Bar, Will Shafroth
Modern Tendencies In Preparation For The Bar, Will Shafroth
Indiana Law Journal
No abstract provided.
Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis
Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis
Indiana Law Journal
This article is revised and reprinted from the Pennsylvania Law Review with the permission of the editors of that periodical.
Taxation-Due Process-Gifts In Contemplation Of Death
Taxation-Due Process-Gifts In Contemplation Of Death
Indiana Law Journal
No abstract provided.
Construction Of Indiana's $1.50 Tax Law Of 1932 With Respect To Contracts Of School Cities In Force At The Time Of The Passage Of The Act, Roland Obenchain
Construction Of Indiana's $1.50 Tax Law Of 1932 With Respect To Contracts Of School Cities In Force At The Time Of The Passage Of The Act, Roland Obenchain
Notre Dame Law Review
No abstract provided.
State Rights Under The Federal Prohibition Law, John F. Finerty
State Rights Under The Federal Prohibition Law, John F. Finerty
Notre Dame Law Review
No abstract provided.
Notes, Francis W. Brown, Thomas E. Coughlan, John M. Crimmins, Thomas Gately
Notes, Francis W. Brown, Thomas E. Coughlan, John M. Crimmins, Thomas Gately
Notre Dame Law Review
Notes by Francis W. Brown, Thomas E. Coughlan, John M. Crimmins, Thomas Gately, Thos. L. McKevitt, and Francis M. Marley.
Priorities In The Law Of Mortgages, W. D. Rollison
Priorities In The Law Of Mortgages, W. D. Rollison
Notre Dame Law Review
No abstract provided.
Recent Cases, C. A. H.
Recent Cases, C. A. H.
Washington Law Review
Master and Servant—Workmen's Compensation—Right to Sue for Malpractice of Physician; Negligence of Independent Contractors—Liability for Injuries to Third Persons
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Washington Law Review
One of the important developments in economic life in recent years has been the greatly increased production of packaged and labeled goods, advertised and distributed nationally by the manufacturer. The scope of the retailer's function has been correspondingly reduced, especially in regard to inspection. Naturally there has resulted a tendency in the law to increase the responsibility of the manufacturer to the consumer.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter, 3, Formation of Informal Contracts, from Section 27, Auctions, Sales Without Reserve to Section 74, Time When and Place Where a Contract Is Made.
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Washington Law Review
The distribution of extraordinary dividends between the life tenant and the remainderman under a trust created in corporate stock is a problem which has been extremely vexing to the courts with the result that three general rules have been developed. But, regardless of the rule followed, it is universally agreed that the intentions of the testator or trustor should be controlling. The extraordinary dividend is most likely to arise under one of the following circumstances: 1. Where an unusually large dividend is paid out of profits accumulated over a period of years. 2. In cases of total or part liquidation …
Statute Of Frauds-Oral Modification Of Written Agreement
Statute Of Frauds-Oral Modification Of Written Agreement
Michigan Law Review
The vendor sued on a written contract of sale. The defense was that subsequent to the formation of the contract the parties had orally agreed to extend the time for payment and delivery one year. The vendor argued that the contract, being within the statute of frauds, could not be modified by a parol agreement. Held, in Bemis Bros. Bag Co. v. Nesbitt that performance of a written contract may be extended by subsequent oral agreement.