Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
Torts - Liability Of Manufacturer To Remote Vendee
Torts - Liability Of Manufacturer To Remote Vendee
Michigan Law Review
In the now famous case of MacPherson v. Buick Motor Company the New York Court of Appeals was faced with the question of the liability of a motor manufacturer to a plaintiff who had purchased a car from a retailer and who had been injured at the time of the coIIapse of a defective wheel. In deciding that such a manufacturer owed a duty to use reasonable care in inspection of the wheels which were to be placed under the assembled car, Justice Cardozo said: "We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, …
Taxation-Federal Instrumentalities-Exemption From State Tax
Taxation-Federal Instrumentalities-Exemption From State Tax
Michigan Law Review
Appellant, a New York corporation which is engaged in Georgia in licensing copyrighted motion pictures, brought suit to restrain a Georgia tax upon the gross receipts of royalties. Appellant urged the invalidity of the tax upon the ground that copyrights are instrumentalities of the United States. The supreme court of Georgia ruled that the suit should be dismissed. On appeal to the Supreme Court of the United States it was held, in Fox Film Corporation v. Doyal, that a state tax on royalties derived from copyrights is valid.
Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States
Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States
Michigan Law Review
It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …
Corporations - Situs Of Stock For Purpose Of Transfer
Corporations - Situs Of Stock For Purpose Of Transfer
Michigan Law Review
O, of New York, owned certificates of stock in a Delaware corporation, which were indorsed in blank. E stole the certificates and sold them to P, who purchased in good faith and sent them in for transfer on the books of the corporation. On refusal of the corporation to make the transfer, P sued in Delaware for conversion, claiming that the title was transferred under the law of New York where he purchased. Held, under sec. 72 of the Delaware General Corporation Law (Rev. Code 1915, sec. 1986) "the situs of stock in a Delaware Corporation, in a suit …
Bailments - Innkeepers - Liability For Loss Of Baggage
Bailments - Innkeepers - Liability For Loss Of Baggage
Michigan Law Review
Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.
President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment
President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment
Michigan Law Review
In Illinois also the time between arrest and indictment is considerable. According to the figures of the Illinois Crime Survey the median time after preliminary hearing before indictment of persons who pleaded guilty ranged from thirteen days in Chicago to thirty-seven days in other parts of the state. An average of another two days is added by the time between arrest and preliminary hearing. In Missouri, too, the time interval is long. It seems reasonable to assume, therefore, that in the federal courts the time between arrest and indictment is at least as long, especially in districts where grand juries …
Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class?
Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class?
Michigan Law Review
The plaintiff, a stockholder in the Bank of the United States, sued the defendant, superintendent of banks for New York State, for losses sustained when the bank failed as a result of the defendant's failure to perform certain acts required by statute. Held, the defendant, being charged by statute with a duty to all the people of the state, owed no duty to the stockholders as individuals, and was not liable to the plaintiff. Walker v. Broderick, 252 N. Y. S. 559 (1931).
Trusts-Duty Of The Trustee To Sell Stock In A Falling Market
Trusts-Duty Of The Trustee To Sell Stock In A Falling Market
Michigan Law Review
Securities were turned over to defendant as trustee, among which were issues of common stock in two sugar companies, under the direction that the trustees were authorized to continue all investments of the testator without any personal liability in doing so. In the executor's accounting the stocks were valued per share at $22 and $12.25 respectively. In the present accounting, instituted by the beneficiary on becoming entitled to the corpus of the trust estate, the stocks had fallen to $7 and $.50 respectively. The trust company was experienced in the handling of securities and its officers were advised not to …
Bills And Notes - Estoppel As Against Bona Fide Purchaser Of Non-Negotiable Chose
Bills And Notes - Estoppel As Against Bona Fide Purchaser Of Non-Negotiable Chose
Michigan Law Review
Plaintiffs bought some interim certificates (at that time non-negotiable in New York), and delivery was made to them. Because of inability to make payment that day, they asked the vendor to send a runner for the certificates, and when a person appeared asking for the amount due the vendor, plaintiffs' cashier gave him the certificates. Shortly thereafter the proper runner arrived, and plaintiff's at once gave notice of the theft in newspapers and otherwise. Some of the stolen certificates were pledged with defendant who acted in good faith in taking them. The defense to this suit for recovery of the …
Conflict Of Laws - Remarriage After Divorce
Conflict Of Laws - Remarriage After Divorce
Michigan Law Review
H obtained a divorce in Alabama under a statute prohibiting remarriage without. permission of the court. He remarried in Tennessee, where the statute prohibited remarriage during the life of the other spouse. Held, the Tennessee law applied to divorces obtained in that state only. In the absence of express words. to that effect, the Alabama statute had no extra-territorial effect; and the marriage, valid where performed, was valid everywhere. Smith v. Goldsmith, (Ala. 1931) 134 So. 651. H secured a divorce in Vermont under a statute declaring void any remarriage within three years, either within or without the …
Bills And Notes - Negotiation - Implied Warranties
Bills And Notes - Negotiation - Implied Warranties
Michigan Law Review
In a suit by the payee against the maker of a note, the defense was a failure of the consideration, i.e., several assigned drafts had been paid at the time of the assignment. It did not appear whether these unendorsed drafts were order or bearer instruments. Held, under the Negotiable Instruments Law this is not a failure of consideration because the assignor warrants only facts within his knowledge, and evidence of knowledge of these facts by the assignee is admissible to rebut the implied warranty. Queensboro Nat. Bank. v. Kelly, 48 F.(2d)574 (1931).
Corporations - Service Of Process On A Subsidiary Corporation Doing Business In The State In An Action Against A Foreign Corporation
Michigan Law Review
The Freeport Texas Company, a Delaware corporation, owned all of the stock of the Freeport Sulphur Company, a Texas corporation, except a few qualifying shares. The directorates of the two corporations were interlocking; officers of the parent corporation occupied identical positions in the subsidiary; and common offices were occupied in New York. It also appeared that the board of the Texas corporation only passed on local operating matters and ratified ordinary contracts. The sales end of the organization was operated from New York and the board had no control over it. The fixing and payment of salaries, the amount of …
Transfer Of Future Interests, W. Lewis Roberts
Transfer Of Future Interests, W. Lewis Roberts
Michigan Law Review
In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.