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Full-Text Articles in Law

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge Jun 1942

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge

Michigan Law Review

During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …


Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …


Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review Apr 1942

Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review

Michigan Law Review

Plaintiff engaged a Michigan corporation to negotiate the purchase for him of certain shares of stock. The corporation obtained the promise of defendant to sell the stock to the corporation as agent for an undisclosed principal. The corporation, acting as the agent for an undisclosed vendor (defendant), sent a written confirmation of the sale to the plaintiff and sent a similar memorandum to the defendant which was signed by the corporation as agent for an undisclosed vendee (plaintiff). The next day defendant notified the corporation that he refused to deliver the shares. Plaintiff brought a suit in equity for the …


Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review Apr 1942

Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review

Michigan Law Review

The defendant was indicted for conspiring to destroy the poles and wires of an electric public utility, the destruction of such property being a statutory misdemeanor. The indictment was prosecuted under the provision of the Michigan statutes which states that all crimes indictable at common law are punishable as felonies unless specifically declared otherwise by the statute. The crime of conspiracy comes under this "common-law offense" provision. Upon denial of his motion to dismiss, defendant sought mandamus to review the ruling. Held, an agreement to do an act made a misdemeanor by statute is a common-law conspiracy, and such …


Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons Feb 1942

Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons

Michigan Law Review

A Michigan statute provided that bank deposits, in the possession or control of insolvent banks, which have remained inactive for a period of seven years or more shall escheat to the state. In a suit for a declaratory judgment, filed by the Attorney General of Michigan, against the receiver of an insolvent national bank and the Comptroller of the Currency of the United States, the federal district court held that the receiver must turn over deposits coming within the terms of the statute. Held, the statute is invalid if so applied, since it would constitute an unlawful interference with …