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Articles 1 - 30 of 205
Full-Text Articles in Law
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Michigan Law Review
After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Michigan Law Review
Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …
Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review
Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review
Michigan Law Review
Plaintiff owned 100 shares of preferred stock of defendant corporation, the certificates for which, and the articles of incorporation, provided for redemption on a· given date. Subsequent to plaintiff's becoming a stockholder but prior to the redemption date of his stock, a statute was passed allowing the majority of voting shareholders of a corporation to amend its articles "without limitation." Pursuant thereto the date for redemption of plaintiff's stock was postponed twenty-five years. Under the amended articles defendant refused plaintiff's tender of the stock and demand of payment on the original redemption date. In an action against the corporation, held …
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Michigan Law Review
The recent case of Haggard v. Lexington Utilities Co. is typical of the nominalistic confusion occasioned by the use of the terms "capital" and "capital stock." Whatever progress the courts have made toward making them words of precise signification has not been reflected in the drafting of statutes, where they are employed to represent a bewildering number of connotations. The courts have recognized this and have not sought to make them words of art with a single, definitive meaning but through the mechanics of statutory interpretation have sought to divine the legislative intent.
Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review
Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review
Michigan Law Review
During the trial for injuries received in an automobile collision the plaintiff's attorney asked each prospective juror as to whether or not he owned stock in a named insurance company, or held a policy with it, or was an agent for it, and other questions as to whether or not the interest of an insurance company in the action would affect his decisions in the case. The company was not in fact a party to the action. The defendant assigned as error that such questions caused the jury to believe that the defendant carried insurance against loss from damages such …
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Michigan Law Review
Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …
Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce
Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce
Michigan Law Review
The appreciation of assets and the legal and accounting problems involved are largely a product of constant fluctuation in the value of money, and to a lesser degree a prodμct of actual rise in the relative value of isolated pieces of property. In the face of political events such as the devaluation of the dollar, and economic phenomena such as the rising price level which the country has experienced since 1933, such problems are of immediate concern to the accountant and lawyer. We must recognize at the outset that appreciation or depreciation in the price level sense are unrelated to …
Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow
Michigan Law Review
One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …
Contracts - Interpretation - "Permanent Employment'', Michigan Law Review
Contracts - Interpretation - "Permanent Employment'', Michigan Law Review
Michigan Law Review
Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz
Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz
Michigan Law Review
Defendant union picketed in an orderly manner to secure the cooperation of plaintiff's employees in the unionization of his open shop establishment. Plaintiff had apparently been unopposed to such unionization but, when his employees failed to respond to defendant's solicitations, had declined to encourage it in any way. Held, defendants, their agents, etc., enjoined from picketing plaintiff's place of business. Safeway Store, Inc. v. Retail Clerks' Union, 184 Wash. 322, 51 P. (2d) 372 (1935).
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Michigan Law Review
Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.
Principal And Surety - Fidelity Bonds - Effect Of Failure To Make Disclosures Regarding Bonded Employees, Francis T. Goheen
Principal And Surety - Fidelity Bonds - Effect Of Failure To Make Disclosures Regarding Bonded Employees, Francis T. Goheen
Michigan Law Review
The defense on a fidelity bond given by the cashier was the failure of the officers of the obligee bank to disclose that prior to the execution of the bond the bank examiner had discovered and advised the officers that the cashier had, without the knowledge and consent of the officers and directors, become indebted to the bank in the. sum of $889.60 by paying his own checks drawn on the bank. When the overdraft was called to his attention the cashier immediately repaid the bank. The surety insisted that despite the fact that the officers of the bank may …
Effect Of Pledgee's Breach Of Duty On Existence Of The Debt, William H. Farnham
Effect Of Pledgee's Breach Of Duty On Existence Of The Debt, William H. Farnham
Michigan Law Review
When A borrows money from B, and transfers to B possession of A's chattel as pawn, it will be observed at once that B, the pledgee, has become the owner of two things: (a) a contract right or debt against A ; (b) a pledgee's interest in or lien upon the pawn. If the pledgee thereafter, but before payment of the debt, is guilty of a breach of duty in his dealing with the pawn, problems present themselves as to the effect of the pledgee's wrongful conduct on the existence and ownership of the debt and of …
The Proposed United States Administrative Court, Robert M. Cooper
The Proposed United States Administrative Court, Robert M. Cooper
Michigan Law Review
The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …
Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg
Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg
Michigan Law Review
The recent case of Chisholm v. Gilmer, in holding joint adventurers jointly liable on an obligation incurred by all the members thereof through a trustee who acted as agent for all the members, again opened up the problem of the nature of the joint adventure and the rights and liabilities of its members. When, in joint adventure cases, the relationship of the parties is not clearly determined by their contract, the courts have consistently looked to the law of partnership for aid in reaching a result. It is the purpose of this article to indicate the degree to which …
Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom
Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom
Michigan Law Review
A corporation sold "memberships" to the members of a fraternal order under a contract entitling the members, among other things, to the benefit of the corporation's "legal defense" in any proceeding arising out of the ownership or operation of automobiles--civil or criminal. This legal service was described in a magazine issued by the corporation, which contained a list of recommended attorneys. The members could employ their own attorneys, but were urged to employ those on the list. The corporation took no part in the management of the case and it had no salaried attorney. It had no notice of the …
Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman
Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman
Michigan Law Review
After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Michigan Law Review
Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …
Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review
Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review
Michigan Law Review
The insured died from bullet wounds inflicted by a revolver in the hand of the beneficiary. After there had been an indictment for murder the beneficiary pleaded guilty to so much of the indictment as charged manslaughter. The beneficiary sued on the insurance policy. The Supreme Court of Massachusetts held that there was error in directing a verdict for the insurer because a beneficiary who is guilty of manslaughter, where there was no intentional injury of a kind likely to cause death, is not barred from recovering on the policy. Minasian v. Aetna Life Insurance Co., (Mass. 1936) 3 …
Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann
Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann
Michigan Law Review
The plaintiff's sister had prepared a will which she desired to have witnessed, by the terms of which will the plaintiff would have received a share of her sister's estate. The defendant, brother-in-law of the plaintiff, by threats prevented his wife from completing the execution of the will, and he acquired all of her property by intestate succession. The plaintiff sued for damages in the amount of the proposed legacy, but the court held that the petition stated no cause of action inasmuch as there was no showing that the defendant had invaded any property right of the plaintiff. Cunningham …
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Michigan Law Review
Defendant was convicted of violating the liquor laws. He complained of the trial court's refusal to instruct the jury that greater care should be used in weighing the evidence of police officers than that of other witnesses. Held, such an instruction was properly refused because the witnesses were regular members of the city police force. McCartney v. State, 129 Neb. 716, 262 N. W. 679 (1935).
International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization
Michigan Law Review
The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …
The Fiction Of Peaceful Picketing, Frank E. Cooper
The Fiction Of Peaceful Picketing, Frank E. Cooper
Michigan Law Review
Efforts of labor organizations during the past decade to secure the enactment of legislation guaranteeing strikers the privilege of peaceably picketing their employers' places of business, appear to have gained for union members no more than a Pyrrhic victory. Although at least nineteen states now have statutes intended to prohibit judicial interference with peaceful picketing, a review of recent cases in this ever timely field indicates that in general such laws have been construed to limit the privileges of pickets to activities so pusillanimous as to be of little aid to the strikers and of little annoyance to employers. In …
Contracts-Agreements For Leasing Departments In Retail Stores
Contracts-Agreements For Leasing Departments In Retail Stores
Michigan Law Review
An important merchandising device, largely developed within the last fifteen years, is the "leasing" of certain departments by proprietors of retail stores to outsiders who agree to operate them as integral units of the owner's business. It has been estimated that more than sixty per cent of department stores and more than forty-eight per cent of specialty stores had leased departments in 1930, with the average number of such departments per store in each class at 4.6 and 2.5 respectively.
Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial
Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial
Michigan Law Review
The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was …
Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea
Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea
Michigan Law Review
Plaintiff advertising firm submitted advertising plans at the invitation of defendant brewing company, in the hope of getting a contract to handle its advertising. Defendant awarded the contract to another, but appropriated and used extensively a slogan, "The Beer of the Century," from the material submitted by plaintiff, who sued to recover the value thereof. Held, that plaintiff was entitled to recover, on an implied contract to pay for the services, the value to defendant of the fruits of the services. How. J. Ryan & Associates, Inc. v. Century Brewing Assn., 185 Wash. 600, 55 P. (2d) 1053 …
Taxation Of Undistributed Corporate Profits, John B. Martin Jr.
Taxation Of Undistributed Corporate Profits, John B. Martin Jr.
Michigan Law Review
The legislation proposed by President Roosevelt in his message of March 3, 1936, to prevent automatic avoidance of taxation by non-distribution of corporate profits, does not represent a new and previously unheard of system of taxation. It embraces, on the contrary, the gist of proposals made by various individuals and organizations extending back as far as the year 1864 when Congress passed, a Revenue Act providing that "gains and profits of all companies, whether incorporated or partnership . . . shall be included in estimating the annual gains, profits, or income of any person entitled to the same, whether divided …
Constitutional Law-Termination Of Treaties
Constitutional Law-Termination Of Treaties
Michigan Law Review
The treaty power clause in the Constitution is more difficult to supplement by construction than most parts of that document because the mechanism set up was an innovation--a compromise between the tradition of executive treaty-making and the Colonial feeling that powers of government should be given to representative assemblies. There was no recognized institution to serve as a guide for interpretation as, for example, in the case of the jury trial clause. Furthermore, the dual nature of a treaty-it is a compact with the foreign power and also part of the municipal law-is a fruitful source of confusion. So it …
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Michigan Law Review
In an effort to protect the taxpayer from the extravagance of municipal officials, two types of restrictions, in the main, have been imposed: those limiting the power to contract debts, and those restricting the power to levy taxes. Frequently in an effort to recover and collect a judgment against the city, one or the other of these restrictions is met. Courts seem to hold unanimously that debt limitations apply to the city's obligations in contract and not in tort, but they are divided as to the effect of tax limitations upon collection of a tort judgment. As an example of …