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1961

Commercial Law

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Full-Text Articles in Law

An Introduction To The Uniform Commercial Code Dec 1961

An Introduction To The Uniform Commercial Code

West Virginia Law Review

No abstract provided.


The Wage Earners' Plan: Its Purpose, Walter Chandler Dec 1961

The Wage Earners' Plan: Its Purpose, Walter Chandler

Vanderbilt Law Review

Chapter XIII is the forerunner of the general revision of the National Bankruptcy Act in 1938. Introduced as a bill for the relief of harassed wage earners who desire to pay their debts if given sufficient opportunity, the bill attracted the attention of the Honorable Hatton W. Sumners, Chairman of the Committee on the Judiciary of the House of Representatives. In view of the cumulative need for a definitive study of the law of bankruptcy with the end view of enacting a complete revision of the Act of 1898, a special subcommittee on bankruptcy was created; this subcommittee, with the …


The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen Dec 1961

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen

West Virginia Law Review

The adoption of the Uniform Commercial Code in West Virginia would provide for the first time in the history of this state a general legislative venture into the field of sales law. Court-made common law is the present source of sales law, and typical of the common law, a very uneven pattern is found. Precedents pile up at certain points while numerous other questions float in an absolute void of authority. The major portion of this study, composed of a section by section analysis of the sales article, contrasts time and again the thoroughness and detail of the Code against …


Uniform Commercial Code - Motor Vehicles - Filing Requred To Perfect Security Interests, David Finkelman S.Ed. Dec 1961

Uniform Commercial Code - Motor Vehicles - Filing Requred To Perfect Security Interests, David Finkelman S.Ed.

Michigan Law Review

In 1958 Kentucky enacted the Uniform Commercial Code providing for the perfection of security interests in chattels by filing a financing statement, and a motor vehicle Certificate of Title Act requiring liens to be noted on the registration certificate covering the vehicle. The Code excludes from its filing provisions security interests in property subject to a Certificate of Title Act and provides that such interests can be perfected only by compliance with the requirements of the title act. However, unlike the typical Certificate of Title Act, the Kentucky title act does not provide that the notation of the lien on …


Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer Nov 1961

Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer

Washington Law Review

This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.


Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway Nov 1961

Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway

Washington Law Review

The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.


Creditors' Rights—Contractor Has No Property Right In Trust Funds Held For Subcontractor, Donald G. Mcgrath Oct 1961

Creditors' Rights—Contractor Has No Property Right In Trust Funds Held For Subcontractor, Donald G. Mcgrath

Buffalo Law Review

Aquilino v. United States, 10 N.Y.2d 271, 219 N.Y.S.2d 254 (1961); American Blower Corp. v. James Talcott, Inc., 10 N.Y.2d 282, 219 N.Y.S.2d 263 (1961).


Creditors’ Rights—Statutory Protection Of Conditional Vendee Of Goods For Resale, Edward Heller Oct 1961

Creditors’ Rights—Statutory Protection Of Conditional Vendee Of Goods For Resale, Edward Heller

Buffalo Law Review

Rand's Discount Co. v. Universal C.I.T. Credit Corp., 9 N.Y.2d 454, 214 N.Y.S.2d 721 (1961).


Investment Securities Under The Uniform Commercial Code, Egon Guttman Oct 1961

Investment Securities Under The Uniform Commercial Code, Egon Guttman

Buffalo Law Review

No abstract provided.


A Decade Of The Celler-Kefauver Anti-Merger Act, Charles J. Steele Oct 1961

A Decade Of The Celler-Kefauver Anti-Merger Act, Charles J. Steele

Vanderbilt Law Review

Corporations intent upon expanding via the acquisition route have had three statutory hurdles placed in their way by the Congress of the United States. As hurdles, the first two, the Sherman Act of 1890 and the Clayton Act of 1914, were failures. A judiciary which refused to give effect either to the language or intent of the acts nullified completely their usefulness as anti-merger weapons.

The third hurdle, the Celler-Kefauver Amendment to the Clayton Act, was enacted in 1950. Relatively few judicial opinions have interpreted this act, "new section 7," as it is called. It is clear, however, that it …


Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr. Oct 1961

Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.

Vanderbilt Law Review

The Tennessee courts decided three cases involving commercial paper this year. The Tennessee Supreme Court decided one case which, unless it is clarified in the near future, may upset principles which were heretofore well-established. Of the two cases decided by the appellate courts, one adopted a rule well-known in other jurisdictions, and the other adopted a sound minority view on a question not settled by the Uniform Negotiable Instruments Law.


Commercial Law, Robert L. Taylor Sep 1961

Commercial Law, Robert L. Taylor

Washington Law Review

Covers recent laws on mutual savings banks.


Virginia And Article 4 Of The Uniform Commercial Code Sep 1961

Virginia And Article 4 Of The Uniform Commercial Code

Washington and Lee Law Review

No abstract provided.


Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien Jul 1961

Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien

Indiana Law Journal

No abstract provided.


Creditor's Rights, Robert Debruyn, Paul A. Webber Jul 1961

Creditor's Rights, Robert Debruyn, Paul A. Webber

Washington Law Review

Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)


Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed. Jun 1961

Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed.

Michigan Law Review

Consider the following scheme for fraudulently obtaining money: A, a stranger to D, personally appears before D, represents himself as B and requests a loan. There is an existing person named B. For D's security a mortgage is produced in the name of B, but it has actually been penned by A. A check of the land records by D verifies that the land described in the mortgage is in fact owned by B. D, having satisfied himself as to the existence of B, draws a check payable to the …


Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr. Jun 1961

Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.

Vanderbilt Law Review

A great deal has been written about the personal jurisdiction of state courts and particularly about the applicable due process requirements.' Much less has been contributed by commentators on the subject of due process requirements applying to in personam jurisdiction of a United States district court. Perhaps the reason is the difficulty of finding a rationale in the pertinent decisions. These fail to distinguish between the conditions necessary for valid service of federal court process as contrasted with those essential to the proper service of state process. They also fail to explain why the constitutional provision brings about the result …


Commercial Law – 1960 Oregon Survey, Robert S. Summers Apr 1961

Commercial Law – 1960 Oregon Survey, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss Apr 1961

Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss

Michigan Law Review

In accordance with a scheme of federal ship inspection, appellant possessed certificates which permitted its ships to operate on the Great Lakes and which specified the type of boiler which might be used. While two of its ships were docked in Detroit, smoke was emitted from their boilers in violation of the minimum density and duration requirements of the Detroit Smoke Abatement Code. The equipment which appellant was then using made compliance with the ordinance impossible. When criminal proceedings were instituted against appellant, it brought an action to enjoin the City of Detroit from enforcing the ordinance on the theory …


Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff Apr 1961

Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff

Michigan Law Review

A Review of Michigan Negotiable Instruments and the Uniform Commercial Code. By Roy L. Steinheimer.


Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway Mar 1961

Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway

Washington Law Review

Continues with section 2-501, Insurable Interest in Goods; Manner of Identification of Goods


Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff Mar 1961

Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff

Michigan Law Review

Although this article is mainly oriented toward the legal materials of one jurisdiction, the presence of a fairly common background of uniform acts makes it relevant to other jurisdictions, except where there are contrary interpretations of a particular statutory provision. Therefore, parallel citations to the various uniform acts have been provided with the hope that this article will be of assistance to other groups attempting to evaluate article seven of the Uniform Commercial Code.


Taxation - Income Tax -Gross Income From Mining As The Basis For Computing Percentage Depletion Allowances, John Niehuss Feb 1961

Taxation - Income Tax -Gross Income From Mining As The Basis For Computing Percentage Depletion Allowances, John Niehuss

Michigan Law Review

Respondent, a miner of raw fire clay and a manufacturer of such clay into vitrified products, claimed a percentage depletion deduction based upon the gross income from the sale of its finished goods, contending that because its crude minerals could not be sold profitably in a local market, these final products were the first to meet the statutory standard of "commercially marketable mineral product." The district court and the Court of Appeals for the Seventh Circuit accepted respondent's contention. On certiorari to the United States Supreme Court, held, reversed, one Justice concurring. The fact that a taxpayer himself cannot …


Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde Feb 1961

Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde

Michigan Law Review

A Review of American Enterprises in the European Common Market: A Legal Profile, Volume 1. Edited by Eric Stein and Thomas L. Nicholson.


Incorporation By Reference In Commercial Contracts, Robert Whitman Jan 1961

Incorporation By Reference In Commercial Contracts, Robert Whitman

Faculty Articles and Papers

No abstract provided.


Kentucky's Commercial Code--Some Initial Problems In Security, Frederick W. Whiteside Jr., Thomas P. Lewis Jan 1961

Kentucky's Commercial Code--Some Initial Problems In Security, Frederick W. Whiteside Jr., Thomas P. Lewis

Kentucky Law Journal

No abstract provided.


Secured Transactions Under The Uniform Commercial Code, Roy L. Steinheimer, Jr. Jan 1961

Secured Transactions Under The Uniform Commercial Code, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.


Effects Of Uniform Commercial Law On Michigan Sales Law, Roy L. Steinheimer, Jr. Jan 1961

Effects Of Uniform Commercial Law On Michigan Sales Law, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.


Effects Of Uniform Commercial Code On Michigan Sales Law, Roy L. Steinheimer, Jr. Jan 1961

Effects Of Uniform Commercial Code On Michigan Sales Law, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1961

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.