Law Commons^™

Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review

Michigan Law Review

With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.

Bankruptcy--Bank Paying Depositor's Check After His Adjudication In Bankruptcy Is Liable To Trustee For Amount Of Check--Bank Of Marin V. England, Michigan Law Review

Michigan Law Review

Prior to filing a voluntary petition in bankruptcy, which is an automatic adjudication of bankruptcy, depositor delivered five checks to Eureka Fisheries drawn upon depositor's account in appellant Bank of Marin. Six days after the filing, Eureka Fisheries presented the checks to appellant and received payment. Appellee, depositor's trustee in bankruptcy, did not notify appellant of the bankruptcy proceedings until after appellant had honored the checks. An order was sought by appellee from the referee in bankruptcy requiring appellant, or in the alternative Eureka Fisheries, to return the amount of the honored checks to the bankrupt's estate. The referee issued …

Insurance--Motor Vehicles--"Newly Acquired Automobile" Clause Extended To Cover Previously Owned Inoperable Vehicles--National Indem. Co. V. Giampapa, Michigan Law Review

Michigan Law Review

Plaintiff insurance company brought an action for a declaratory judgment that it be held not liable on a policy it had issued to the insured motorist. A party injured in an accident involving the insured had obtained a judgment against the insured in a suit which the insurer defended with a reservation of rights. Although a 1949 Cadillac was the "Described Automobile" in the insurance policy, the insured was driving a 1956 Ford at the time of the accident. The trial court found that during the term of the policy the Cadillac had become inoperable and was replaced by the …

Ftc V. Jantzen: Blessing, Disaster, Or Tempest In A Teapot?, Thomas E. Kauper

Michigan Law Review

The court concluded that the Finality Act, by repealing the existing provisions for judicial enforcement proceedings in the courts of appeals, deprived it of jurisdiction to act upon the FTC's petition. It also approved earlier decisions holding that the Finality Act procedures were not applicable to orders issued prior to the act's effective date. These two rulings, in combination, indicate that there is no enforcement machinery now applicable to orders issued under the Clayton Act prior to July 23, 1959.

The question remains, however, whether enforcement of the Clayton Act has really been hampered, and, if so, whether the pre- …