Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed.
Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed.
Michigan Law Review
Defendant, a Texas manufacturing corporation, employed a corporate agent to solicit orders in New York. The agent maintained a showroom, used defendant's name on its office door and stationery, and paid all the expenses of the New York business out of sales commissions. All orders were subject, to acceptance by the defendant and were filled from Texas. In an action for trade-mark infringement brought in the New York state court and removed to the federal district court, service of summons and complaint was made upon the manager of the New York agency. The district court quashed the service and dismissed …
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Michigan Law Review
The business entry exception to the hearsay evidence rule has been prolific of legal literature and litigation. Originally the law regarded all business entries as inadmissible in evidence to prove the truth of the facts recorded. However, at early common law the shopkeeper could not himself testify to the truth of a transaction, since he was an interested party; and if he kept no clerk, or his clerk were unavailable, no one else could so testify. In response to this evidentiary dilemma there appeared a double-barreled exception to the hearsay rule; namely, that business entries by a party (The Shopbook …
Corporations-Insolvency-Corporate Officers As Preferred Wage Claimants, E. C.V. Greenwood
Corporations-Insolvency-Corporate Officers As Preferred Wage Claimants, E. C.V. Greenwood
Michigan Law Review
A closed corporation, soon after its formation, executed an assignment for the benefit of creditors. One of the large creditors objected to a preferred wage claim allowed by the assignee to a vice-president and director of the assignor, the officer who had in fact been instrumental in executing the assignment. The claim was for wages amounting to two hundred fifty dollars for alleged manual work for the assignor prior to the assignment and was granted by the assignee on the theory that preferential treatment was authorized by the New York debtor and creditor statutes. The applicable statute reads as follows: …