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Articles 1 - 30 of 142
Full-Text Articles in Law
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Michigan Law Review
This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the …
Negligence-Proximate Cause, W. Stirling Maxwell
Negligence-Proximate Cause, W. Stirling Maxwell
Michigan Law Review
An owner left his car in defendants' parking garage with the key in the ignition. Defendants' employee stole the car and loaned it to X who had no knowledge of the theft. X, while driving the car, ran into plaintiff nearly twelve hours after the theft. Held, as a matter of law defendants were not guilty of negligence. Assuming, however, that defendants were negligent, such negligence was not the proximate cause of plaintiff's injuries. Howard v. Swagart, (App. D.C. 1947) 161 F. (2d) 651.
Taxation-Income Tax-Exempt Reorganizations-Recapitalization As Device For Distributing Earnings, Bayard E. Heath S.Ed.
Taxation-Income Tax-Exempt Reorganizations-Recapitalization As Device For Distributing Earnings, Bayard E. Heath S.Ed.
Michigan Law Review
Petitioner owned more than three-fourths of the stock in a corporation whose shares had a par value of $100. Except for one share, his wife owned the remainder. Under a plan of recapitalization the stockholders received in exchange for each old share, five shares of no par stock with a stated value of $60 per share plus a portion of $400,000 worth of callable debentures issued by the corporation. At the time of this exchange the earned surplus of the corporation exceeded $850,000. The commissioner held that the full value of the debentures received was chargeable to the taxpayer as …
Chafee, Jr: Government And Mass Communications, Michigan Law Review
Chafee, Jr: Government And Mass Communications, Michigan Law Review
Michigan Law Review
A Review of GOVERNMENT AND MASS COMMUNICATIONS. Report from the Commission on Freedom of the Press. 2 vols. Zechariah Chafee, Jr.
Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin
Michigan Law Review
In the year 1822 A. E. Miller of No. 4 Broad-street, near the Bay, Charleston, South Carolina, "Printed for the Author" the Sketches of the Life and Correspondence of Nathanael Greene, Major General of The Armies of The United States, In The War of The Revolution. The fly-leaf announced that the work was "Compiled Chiefly from Original Materials" and that it was in "Two Volumes" by William Johnson of Charleston, South Carolina. It was, indeed, a substantial publication "grown to a bulk . . . never anticipated" of some nine hundred thirty-eight pages exclusive of numerous pages in small …
Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.
Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.
Michigan Law Review
Today, there is little left of the sixteenth century rule that a precedent debt is consideration sufficient to ground an action of assumpsit. Modern cases, such as those where a debt is barred by the Statute of Limitations or discharged in bankruptcy, where it is historically applicable, generally do not rest upon that theory. As a practical matter, it makes little difference. These cases achieve a just result, and have been confined to standard fact situations. The doctrine seems clearly at variance with the rule that consideration cannot be past, and serves no useful purpose today. Cases where this problem …
Chattel Mortgage--Validity Of Recorded Chattel Mortgage As Against Ordinary Purchaser--Possession Entrusted To Mortgagor-Dealer Regularly Engaged In Sale Of Similar Articles, Edwin F. Uhl S.Ed.
Chattel Mortgage--Validity Of Recorded Chattel Mortgage As Against Ordinary Purchaser--Possession Entrusted To Mortgagor-Dealer Regularly Engaged In Sale Of Similar Articles, Edwin F. Uhl S.Ed.
Michigan Law Review
Plaintiffs purchased from a retail dealer, in the ordinary course of trade, automobiles which were subject to properly recorded mortgages given by the dealer to defendant finance company. The certificates of title which the mortgage-dealer had been permitted to retain indicated that the vehicles were free from lien. Claiming default in payments by the dealer, the defendant seized the automobiles. Plaintiffs brought actions seeking repossession and damages. As the evidence clearly disclosed, defendant anticipated that the dealer would make no disclosure of the encumbrance at the time of sale, but rather expected that the lien would subsequently be discharged with …
Finders-Occupant Of Locus Versus Finder
Finders-Occupant Of Locus Versus Finder
Michigan Law Review
The plaintiff, a painter employed by defendant, the proprietor of a hotel, to redecorate a certain room therein, found a roll of old style bills under a rug in that room. He turned the money over to the defendant who stated that he "knew the true owner thereof," and that he would deliver to such owner. The owner never was located, and apparently defendant made no effort to locate him. About two years after the finding plaintiff demanded the money. The demand being refused, action was started. Held, plaintiff should recover. Erickson v. Sinykin, (Minn. 1947) 26 N.W. …
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Michigan Law Review
Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …
Sales Rationale Of Durable Product Distribution, Kenneth K. Luce
Sales Rationale Of Durable Product Distribution, Kenneth K. Luce
Michigan Law Review
This paper has been prepared to add the writer's bit to the long term struggle for uniformity in the commercial law, and particularly to point to some of the statutory changes in the law affecting distribution of durable goods which have added confusion where once the common law appears to have been on its way to a system more uniform and in accord with business practice and understanding.
Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed.
Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed.
Michigan Law Review
ln a recent federal case, plaintiff construction company contracted to enlarge a dam for defendants, which would involve, according to the original estimates, the excavation of 30,000 cubic yards of earth. During the performance of the contract, defendants ordered further excavation in order to reach a firm foundation so that ultimately a total of 84,000 cubic yards were removed. It was defendant's claim that the plaintiff was obliged to perform this additional work to fulfill its contract. Plaintiff sued in quantum meruit for the value of labor and materials for the entire project; defendants stood upon the contract, contending that …
Finders-Rights As Against The Owner Of The Locus In Quo, Helen G. Wilson
Finders-Rights As Against The Owner Of The Locus In Quo, Helen G. Wilson
Michigan Law Review
Two recent decisions, Flax v. Monticello and Hannah v. Peel, have again called attention to the problem of the rights of a land occupant to possession of an article found on his land. Typical of the conflicts which the finders cases as a group present, these courts reached opposite results on similar facts. In the Flax case, a guest found a diamond brooch on the dresser of his hotel room. The brooch had been placed there by a cleaning maid who was under the impression that it belonged to him. As between the guest, who claimed as finder, and …
Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.
Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.
Michigan Law Review
A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Michigan Law Review
In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Conflict Of Laws-Limitation Of Actions-Determination Of Place Of Accrual Of Action To Enforce Liability Of Stockholders In Insolvent National Banks, Edwin F. Uhl S.Ed.
Michigan Law Review
Suits in equity were brought in the federal district courts of Ohio and Pennsylvania against resident shareholders of Banco Kentucky Company, a bank-stock holding corporation. The purpose of the litigation was to enforce an assessment under the National Bank Act on the shares of an insolvent national bank which Banco owned. Ohio and Pennsylvania have six year statutes of limitations on such an action. They also have borrowing statutes, barring suit on a cause of action no longer enforceable in the jurisdiction in which it arose. The bank had been authorized to conduct its activities in Louisville, Kentucky, had engaged …
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Michigan Law Review
Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to …
Insurance-Right To Proceeds Of Policy On Life Of Divorced Spouse, A. E. Anderson S.Ed.
Insurance-Right To Proceeds Of Policy On Life Of Divorced Spouse, A. E. Anderson S.Ed.
Michigan Law Review
Plaintiff was beneficiary of certain life insurance policies issued by defendant on the life of her former husband. All of the policies involved were issued after the marriage and before the divorce, and plaintiff had paid all the premiums on the policies. The administratrix, decedent's second wife, claimed the proceeds on the basis of section 425 of Kentucky Civil Code of Practice which provides for restoration of property obtained from the other spouse by reason of the marriage upon judgment for divorce. Held, where the wife has procured and paid for insurance on the life of her husband a …
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Michigan Law Review
Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of …
Trade Restraints--Violation Of Robinson-Patman Act As A Defense To Suit For Purchase Price Of Goods, Richard L. Eckhart
Trade Restraints--Violation Of Robinson-Patman Act As A Defense To Suit For Purchase Price Of Goods, Richard L. Eckhart
Michigan Law Review
Plaintiff brought suit against defendant on renewal notes aggregating about $114,000, the notes representing an accumulated debt on defendant's purchases of cans over a six-year period. Defendant alleged discriminatory quantity discounts in violation of the Robinson-Patman Act. This violation was urged as a defense on two theories: (1) that it denied any recovery of the purchase price, or (2) that it denied, at the least, the recovery of the amount of discrimination which, it was alleged, substantially represented the amount of the notes. The Supreme Court of Florida rejected the defense. Held, affirmed. Four justices dissented. Bruce's Juices, Inc. …
Trusts--Constructive Trusts--Effect Of Inter-Vivos Transfer Of Land On Oral Trust To Reconvey To Transferor, Ira M. Price, Ii S.Ed.
Trusts--Constructive Trusts--Effect Of Inter-Vivos Transfer Of Land On Oral Trust To Reconvey To Transferor, Ira M. Price, Ii S.Ed.
Michigan Law Review
Plaintiff, who had courted defendant for six years and had proposed marriage, conveyed a lot and house to defendant after various discussions and immediately upon the written suggestion of defendant. Later their romance terminated when she went abroad and plaintiff turned his attention to another woman. In a suit to cancel deed to the premises, held, that because of the confidential relationship which had existed between the parties and in order to prevent defendant from "completing her fraud," defendant held title as constructive trustee for plaintiff. Kausky v. Koten, (Wash. 1947) 179 P. (2d) 950.
Copeland & Towl: The Board Of Directors And Business Management, Michigan Law Review
Copeland & Towl: The Board Of Directors And Business Management, Michigan Law Review
Michigan Law Review
A Review of THE BOARD OF DIRECTORS AND BUSINESS MANAGEMENT. Melvin T. Copeland and Andrew R. Towl.
Ewing: Congressional Elections 1896-1944, Michigan Law Review
Ewing: Congressional Elections 1896-1944, Michigan Law Review
Michigan Law Review
A Review of CONGRESSIONAL ELECTIONS 1896-1944. Cortez A. M. Ewing.
Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review
Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review
Michigan Law Review
A Review of LAW IN ACTION. AN ANTHOLOGY OF THE LAW IN LITERATURE. Edited by Amicus Curiae. Introduction by Roscoe Pound.
Corporations-Shareholders' Voting Agreements-Drafting Precautions, Leroy H. Redfern S.Ed.
Corporations-Shareholders' Voting Agreements-Drafting Precautions, Leroy H. Redfern S.Ed.
Michigan Law Review
The object of this comment is to consider some of the problems in drafting a pooling agreement so that the courts will carry into effect the vote as provided for in the agreement even though there is an attempted revocation or breach.
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Michigan Law Review
ln a Federal District Court in New York, plaintiff, a resident of Virginia, sued defendant, a Pennsylvania corporation doing business in New York and Virginia, for negligent destruction of plaintiff's warehouse in Virginia. Defendant moved to dismiss on the ground that suit in New York would not be proper because neither plaintiff nor defendant was a resident of New York, the cause of action arose in Virginia, and because suit in New York would work great hardship on defendant since it would be unable to compel the attendance of material witnesses resident in Virginia, nor could it join, as defendant, …
Jessup: The International Problem Of Governing Mankind, John E. Grosboll S.Ed.
Jessup: The International Problem Of Governing Mankind, John E. Grosboll S.Ed.
Michigan Law Review
A Review of THE INTERNATIONAL PROBLEM OF GOVERNING MANKIND. Phillip C. Jessup.
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Michigan Law Review
The payee of a negotiable note indorsed to X, who later indorsed back to the payee, who before maturity indorsed to a holder in due course. All indorsements were special. On default, the holder brought suit to enforce the secondary liability of the payee and X, the intermediate indorser. Both defendants appealed from a judgment for the holder. Held, reversed as to X. The reacquisition of a note by a payee terminates the contractual liability of an intermediate indorser as to a holder subsequent to the payee. Denniston's Admr. v. Jackson, 304 Ky. 261, 200 …
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff, a resident of New York, and a policyholder in defendant Illinois corporation, brought a suit in the United States District Court in New York to force one of defendant's directors and another corporation to account to defendant for alleged waste of its corporate assets. Defendant moved for dismissal on the grounds that the suit would involve interference with the internal affairs of a foreign corporation, and that. the suit in New York would work great hardship, since the defendant would be required to transport many records and witnesses from Illinois to New York at great expense. The suit was …
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Michigan Law Review
The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …