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Injunctions - Labor Unions - Enforcement Of Employer's Closed Shop Agreement, Michigan Law Review
Injunctions - Labor Unions - Enforcement Of Employer's Closed Shop Agreement, Michigan Law Review
Michigan Law Review
Plaintiff unions entered into an agreement with the defendants by the terms of which the defendants were to employ union men, all of whom were to be furnished by the Bricklayers Central Employment Bureau at certain wages and for certain hours. Contrary to the agreement, the defendants employed nonunion men of their own selection and at lower wages and for longer hours than provided by the agreement. Plaintiff sought an injunction pendente lite on behalf of the unions to restrain defendants from disregarding the terms of the agreement. Held, motion for injunction pendente lite granted. Murphy v. Ralph, …
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Michigan Law Review
A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer's action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff's prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. …
Waters And Watercourses - Diversion - Reciprocal Easements Implied In Grant, Anthony L. Dividio
Waters And Watercourses - Diversion - Reciprocal Easements Implied In Grant, Anthony L. Dividio
Michigan Law Review
The village of Canastota, New York, by deed acquired title to land in which originated a stream, with the right "to take, use and divert all said springs, streams and waters . . . or so much thereof as shall be necessary for the use of Canastota Water Works." Prior to this, the village had acquired from the lower riparian owners on the stream "all their title and interest, in and to the waters from the springs . . . the same to be forever, or so long as second party may desire, diverted . . . . " In …
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Michigan Law Review
Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …
Bills And Notes - Indorsement Of Renewal Note As Waiver Of Notice Of Dishonor By The Indorser, Michigan Law Review
Bills And Notes - Indorsement Of Renewal Note As Waiver Of Notice Of Dishonor By The Indorser, Michigan Law Review
Michigan Law Review
In 1926, a promissory note representing money loaned was made, payable to the order of plaintiff. After various renewals, defendant, in 1929, became an additional accommodation indorser of the renewal notes and continued as such until February 4, 1932, when a renewal note, likewise indorsed by him, payable March 4, 1932, was accepted by plaintiff. On its due date, the maker presented another renewal note, again indorsed by defendant, but this plaintiff refused to accept until the maker paid the interest due on the debt. Plaintiff did, however, retain both notes but failed to give defendant notice of dishonor of …
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Michigan Law Review
The city of Troy, New York, had obtained federal aid for a Public Works Administration project involving the erection of a new high school building, conditioned upon the city's supplying $786,000 as its share of the cost. The constitutional debt limitation did not permit the city to borrow this amount. The legislature came to the aid of the city and enacted a law providing that the bonds should be issued as "general obligations" of the city school district by the district's board of education. The act expressly stated that the bonds should not be considered as part of the debt …