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Full-Text Articles in Law
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Michigan Law Review
One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …
Torts-Duty To Cut Weeds Around Oil Warehouse-Injury Caused By Occurrence Other Than That For Which Duty Was Raised
Michigan Law Review
Plaintiff's house was located some 400 feet northeast of a wooden warehouse used by defendant for the storage of oils and grease. South and west of the warehouse lay a peet bog, and, between the bog and the defendant's ware. house and entirely on defendant's property was a 25-foot stretch of grass which defendant had neglected to cut down. A smouldering fire in the peet bog flared up under the influence of a strong wind, swept across the land of defendant, set fire to the warehouse and, eventually, crossed a full-width paved street and destroyed plaintiff's house. Held, though …
Sales - Section 14, Uniform Conditional Sales Act - Removal To Other State Without Refiling
Sales - Section 14, Uniform Conditional Sales Act - Removal To Other State Without Refiling
Michigan Law Review
The plaintiff, vendor in a conditional sale contract, received notice of the removal of the goods by the vendee to another State, but failed to refile the contract in the other State as required by its statute. A creditor of the vendee attached the goods without notice of the conditional sale contract, but was given actual notice of it by the plaintiff during the prescribed filing period. In this action, the plaintiff sought to recover the goods from the attaching creditor. Held, the conditional sale contract was void as to the creditor in the absence of a refiling, notwithstanding …
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Michigan Law Review
With the development of the remittitur in the case of excessive verdicts, one would naturally expect the development of an analogous device for cases wherein the verdicts are inadequate. When the plaintiff moves for a new trial because of an inadequate verdict, a denial of the motion on the condition that the defendant agree to a certain increase in the verdict is perfectly analogous to the remittitur in form. But this device has not received the same wide acceptance as its counterpart. In cases in which the plaintiff has appealed this device has been condemned, while it has been approved …
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Michigan Law Review
Plaintiff sought to foreclose a mortgage with an after-acquired property clause on an industrial plant in which were installed various pieces of machinery sold by the defendant vendors under a conditional sale to the mortgagor after the execution of the realty mortgage. The machinery was so attached as to become fixtures and was evidently necessary to the continuance of the enterprise, but was removable without damage to the building as it stood before the machinery was installed. It was held that the conditional vendors could remove the machinery. People's Savings & Trust Co. v. Munsert, (Wis. 1933) 249 N. …