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Articles 61 - 90 of 168
Full-Text Articles in Law
Torts -Temporary Insanity As A Defense
Torts -Temporary Insanity As A Defense
Michigan Law Review
While operating a bus owned by the corporate defendant the individual defendant suddenly became insane and lost control of the bus which struck a parked ice truck owned by the plaintiff McKay, and upon which the plaintiff Sforza was chopping ice. These actions were brought to recover for property damage and personal injuries thereby incurred. Held, in spite of the temporary insanity the individual defendant was legally responsible for the negligence, which is imputable also to the corporate defendant. Sforza v. Green Bus Lines, Inc., et al; McKay v. Same, (Munic. Ct. City of New York, 1934) 268 …
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 …
Banking Reform By Statute, Robert G. Rodkey
Banking Reform By Statute, Robert G. Rodkey
Michigan Law Review
The lamentable failure of our banking system to function satisfactorily in the performance of its duties to the public raises at the outset two kinds of questions. Is there something fundamentally unsound about the structure of our banking machinery or does the trouble reside merely in a lack of understanding on the part of bankers of the proper management of the detailed activities in which banks necessarily engage? Or may the unsatisfactory result be ascribed to a combination of these two alternatives? The position taken in this paper is that the structure of our banking system is inherently unsound and …
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Michigan Law Review
Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …
Federal Housing And Home Loan Legislation And Its Consequences, Ernest M. Fisher
Federal Housing And Home Loan Legislation And Its Consequences, Ernest M. Fisher
Michigan Law Review
The laissez-faire policy characteristic of both federal and state policy prior to 1932 in connection with housing was first departed from in a provision in the "Emergency Relief and Construction Act of 1932," passed by the 72nd Congress just before adjournment in July. This provision authorized the Reconstruction Finance Corporation to "make loans to corporations, formed wholly for the purpose of providing housing for families of low incomes, or for reconstruction of slum areas, which are regulated by state or municipal law as to rents, charges, capital structure, rate of return, and areas and methods of operation, to aid in …
Contracts - Fraud -Tests Of Materiality In Deceit And On Rescission For Fraud
Contracts - Fraud -Tests Of Materiality In Deceit And On Rescission For Fraud
Michigan Law Review
Current decisions abundantly show the usefulness and efficiency of remedies based on rescission in contracts induced by fraud, as compared with damage remedies. Modern improvements in the rescission remedies go far to explain their popularity. On the other hand, the tests for "materiality" of misrepresentations that are unavoidably connected with the action of deceit have restricted its utility. Both the advantages of rescission and the disadvantages of damage remedies appear most clearly in a period of rapidly fluctuating and uncertain values. These considerations seem to justify a comparative study of the tests of "materiality" evolved by recent decisions in actions …
Criminal Law And Procedure - Statutory Construction
Criminal Law And Procedure - Statutory Construction
Michigan Law Review
The rule of strict construction of criminal statutes is fortified and established by innumerable cases of both recent and early vintage. Chief Justice Marshall, in the leading American case of United States v. Wiltberger, said, "The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself."
Equity - Admissibility Of Evidence Arising Pendente Lite
Equity - Admissibility Of Evidence Arising Pendente Lite
Michigan Law Review
In equitable actions "the right to judgment is not limited to the facts as they existed at the commencement of the action, but the relief administered is such as the nature of the case, and the facts as they exist at the close of the litigation, demand." While this quotation may express the general rule regarding the admissibility of evidence arising pendente lite, the difficulties in its application are numerous.
Evidence - Admissibility Of Blood-Group Test
Evidence - Admissibility Of Blood-Group Test
Michigan Law Review
The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …
Banks And Banking - Bank Collection Code - Preference For Certified Check On Drawee Bank's Insolvency
Michigan Law Review
The petitioner accompanied a bid on construction work with two certified checks drawn on the M Bank and payable to the government. On rejection of the bid the checks were returned, but in the meantime the drawee bank had been closed. The petitioner presented the checks to the receiver of the defunct bank who refused to honor them as preferred claims. An Illinois statute provided that when a bank has presented to it for payment an item drawn upon such bank, and such bank shall fail after having charged such item to the account of the drawer but without having …
Banks And Banking -- Relation Of Bank To Depositor Of Checks Unqualifiedly Indorsed -- Set-Off Against A Failing Correspondent Bank
Michigan Law Review
Checks drawn on the M bank of another city were deposited by the holders in the D bank pursuant to an agreement that "in receiving and handling items for deposit or collection . . . this bank acts only as depositor's collecting agent and assumes no responsibility beyond the exercise of due care. . . . It may decline to honor or pay checks drawn against conditional credits." The checks were unqualifiedly indorsed. The D bank credited each depositor's account and forwarded the checks to M bank which charged the accounts of the drawers and sent its draft to D …
Conflict Of Laws-Foreign Marriage-Dower
Conflict Of Laws-Foreign Marriage-Dower
Michigan Law Review
Plaintiff was divorced a vinculo matrimonii in the District of Columbia on the grounds of her adultery with defendant who was made co-respondent in the suit. A statute of the district provided that the innocent party only may remarry. Plaintiff married defendant in Florida and later secured a divorce a mensa et thoro from defendant in Virginia. On the death of defendant in the District of Columbia, plaintiff claimed a dower interest in his estate. Held, plaintiff cannot recover. Loughran v. Loughran, (App. D. C. 1933) 66 F. (2d) 567.
Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding
Michigan Law Review
Plaintiff sued on promissory notes given it by defendant in part payment of the purchase price for a dumptor. Defendant counterclaimed on the ground that he was induced to buy the dumptor because of fraudulent misrepresentations made by the plaintiff's agent. The contract contained the stipulation that "no representations made by an agent not included herein shall be binding," and therefore the plaintiff contended that the jury could not consider any of the false statements made by its agent. Held, said statement is ineffectual to preclude the defendant from asserting fraud. National Equipment Corp. v. Volden, (Minn. 1934) …
Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage
Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage
Michigan Law Review
Defendant sold a contractor a trial can of waterproofing materials recommended for the interior of silos. The contractor used this on the interior of a watertank being built in plaintiff's barn. While it was being applied the fumes from the preparation came in contact with a kerosene lamp used to light the interior of the tank, causing an explosion which burned the plaintiff's barn. The ingredients of the waterproofing material were highly inflammable and toxic, but the container bore no warning of these facts. Held, that recovery could be had for the damage to plaintiff's property, the evidence being …
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Michigan Law Review
A large group of unemployed marched on a Red Cross commissary to request a larger ration of flour. After locating the chairman and being answered with a firm and final refusal, a large part of the group went into a private store and carried off groceries without paying for them. At the trial the appellants offered to prove conditions of poverty and want among the unemployed of that county on and prior to the date of the raid, for the purpose of showing a purpose and justification for the raid. Held, such evidence was correctly excluded. State v. Moe …
Torts-Dangerous Instrumentalities -Attractive Nuisance
Torts-Dangerous Instrumentalities -Attractive Nuisance
Michigan Law Review
Defendant society procured an exhibition of fireworks on premises which were under its control and habitually used by children as a playground. The day after the exhibition the plaintiff, playing there with other children, picked up a bomb left by the defendant, and was injured when the bomb exploded. Held, defendant had a duty to those playing on the premises to use reasonable care to have the ground clear of dangerous articles after the exhibition. Spenzierato v. Society, (N. J. 1934) 169 Atl. 831.
Torts - Libel By Talking Pictures - Rasputin Case
Torts - Libel By Talking Pictures - Rasputin Case
Michigan Law Review
The motion picture production of "Rasputin The Mad Monk" portrayed an episode in which Rasputin seduced a young lady of the Russian court. Alleging that the character of the seduced was patterned after her own so that she had been defamed, the plaintiff brought an action of libel against the producers. Held, the plaintiff was entitled to damages of what, in this country, would amount to about one hundred and twenty-six thousand dollars. Youssoupov. v. M-G-M Pictures, England (1934).
Torts - Wrongful Death - Limitation Of Action - Fraud
Torts - Wrongful Death - Limitation Of Action - Fraud
Michigan Law Review
An administrator brought an action against the defendant power company for damages for the death of the plaintiff's intestate allegedly caused by the negligence of the defendant five years before the commencement of the suit. The statute permitting a cause of action for wrongful death provided that the action be brought "within one year after such death." The plaintiff alleged in his complaint that the delay in bringing the suit was due to a conspiracy by the defendant and others to suppress the knowledge of the death of the plaintiff's intestate. The defendant demurred to the complaint. Held, the …
The Final Argument Of The Law School Case Clubs Of The University Of Michigan, University Of Michigan Law School
The Final Argument Of The Law School Case Clubs Of The University Of Michigan, University Of Michigan Law School
Miscellaneous Law School History & Publications
Program for the final arguments of the Law School Case Clubs.
Taxation-Federal Estates Tax-Joint Tenancies And Tenancies By The Entirety
Taxation-Federal Estates Tax-Joint Tenancies And Tenancies By The Entirety
Michigan Law Review
H and W acquired title to realty in Illinois in 1909 as joint tenants. H died in 1923. Held, that one-half of the value of this property should be included in the valuation of H's gross estate for purposes of the federal estates tax, per sec. 402 (d) of the Revenue Act of 1921. Griswold v. Helvering, Comm'r of Int. Rev., (U. S. 1933) 54 Sup. Ct. 5, 78 L. ed. 14.
Segregation Of Residences Of Negroes, Arthur T. Martin
Segregation Of Residences Of Negroes, Arthur T. Martin
Michigan Law Review
Most white people do not want Negroes for neighbors. For many years this race prejudice alone seemed adequate to secure the type of domiciliary segregation which the majority desired. In recent years, however, Negro incursions into so-called white territory have become more numerous, and white landowners have resorted to legal devices to secure race exclusiveness in residential sections. In considering the validity of these segregation devices the courts have not ordinarily purported to take into account the social desirability of the end sought. No examination has been made of the factors back of Negro migration into white territory. No thought …
Organized Labor And The Recovery Act, Emmett B. Mcnatt
Organized Labor And The Recovery Act, Emmett B. Mcnatt
Michigan Law Review
The enactment of the National Industrial Recovery Act last June inevitably has brought to the fore a number of questions which as yet remain unanswered, including those connected with the application and interpretation of Section 7(a) of the Recovery Act, the subject of this article. Under this section, hailed by labor as a "new Magna Charta," employees are apparently given two interrelated rights - the right to organize with no discrimination against them by employers as a result thereof, and the right to collective bargaining through representatives of their own choosing. Employers are prohibited from interfering with such rights through …
Corporations - Right Of Minority Stockholders To Interfere In Corporate Management
Corporations - Right Of Minority Stockholders To Interfere In Corporate Management
Michigan Law Review
In determining the relationship between the majority and minority stockholders of a corporation, the courts are faced with the problem of striking a correct balance between the rights of the plaintiff stockholder, who alleges that he is being oppressed by the majority, and the rights of the majority, acting through the regular corporate machinery, who allege that the corporation is being harassed by a troublesome minority. It is necessary to protect the minority from the machinations of those in control; it is likewise necessary to protect the corporation, as controlled by the majority, from the blackmailer who holds a few …
Minority Stockholders And The Amendment Of Corporate Charters, Edward O. Curran
Minority Stockholders And The Amendment Of Corporate Charters, Edward O. Curran
Michigan Law Review
Professor Dodd has remarked that "few branches of corporation law are in a more confused and unsatisfactory state than that relating to the right of minority stockholders to prevent amendments to the corporate charter, to which they have not given their assent, from becoming operative." One of the reasons for this confusion is the fact that some of the cases which still serve as precedents were decided at a time when it was not the usual practice to reserve the power to alter, amend, or repeal corporate charters. The principles of these early cases have been carried over and applied …
Constitutional Law-Price-Fixing - Changing Attitudes
Constitutional Law-Price-Fixing - Changing Attitudes
Michigan Law Review
The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …
Constitutional Law - Power To Enact Federal Securities Act Of 1933
Constitutional Law - Power To Enact Federal Securities Act Of 1933
Michigan Law Review
The scope and implications of the Securities Act of 1933 have been set out in a recent issue of this Review. Broadly, the Act regulates the issue and sale of securities by requiring registration thereof with the Federal Trade Commission, by specifying certain data to be included in prospectuses relating to such securities, and by imposing sanctions in the form of penal and civil liabilities. The Act purports to be an exercise of the Congressional power "to regulate . . . commerce among the several states" and "to establish post offices and post roads." Various constitutional questions are involved but …
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Michigan Law Review
Before the district judge can convene a three-judge court, two preliminary questions must be decided. First, is the case within the jurisdiction of the federal courts? Second, is the case one to which the three-judge statute applies?
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Michigan Law Review
The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …
Federal Practice- Declaratory Judgments
Federal Practice- Declaratory Judgments
Michigan Law Review
Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.
Insurance - Conditions Precedent To Existence Of Contract
Insurance - Conditions Precedent To Existence Of Contract
Michigan Law Review
The application for a non-medical-examination insurance policy, and the policy itself, contained the provision that the policy should not take effect if the insured should die before the date thereof or if, on such date, the insured should not be in sound health. At the time of delivery of the policy the insured was actually suffering from high blood pressure or heart disease, although this condition was unknown to him. A statute provided that the statements made in the application as to the physical condition of the insured should be valid and binding upon the insurance company "unless wilfully false …