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Full-Text Articles in Law
Carriers-Long And Short Haul Clause-Interpretation
Carriers-Long And Short Haul Clause-Interpretation
Michigan Law Review
The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Michigan Law Review
The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Michigan Law Review
The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Michigan Law Review
The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.