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University of Michigan Law School

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Articles 16441 - 16470 of 18711

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Carriers - Limitation Of Liability For Negligence -True Valuation Agreement Jan 1936

Carriers - Limitation Of Liability For Negligence -True Valuation Agreement

Michigan Law Review

Approximately one-seventh of a shipment of cherries in brine was lost owing to improper stowage. Award of damages was resisted on the ground that the bills of lading provided for adjustment of claims "on the basis of the invoice value of the entire shipment adding expenses necessarily incurred," and that because of favorable market conditions existing at destination the entire value of the sound cherries exceeded the invoice value. Held, the quoted clause was not a genuine limitation agreement, which is valid, but a "true valuation" clause, which, since it may wholly exonerate the carrier from liability for negligence, …

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Constitutional Law-Martial Law-Suspension Of The Law Jan 1936

Constitutional Law-Martial Law-Suspension Of The Law

Michigan Law Review

Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …

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Corporations-Accommodation Guaranty-Effect Of Charter Provision Jan 1936

Corporations-Accommodation Guaranty-Effect Of Charter Provision

Michigan Law Review

The articles of the complainant business corporation authorized it "to guarantee interest, dividends, or other returns to the holders of securities or other obligations of other persons or companies in cases wherein it shall be advantageous to this company to do so." The corporation pledged to the defendant bank some of its bonds held in its treasury to secure the previously incurred personal indebtedness of its treasurer. In affirming a decree adjudging that the corporation was complete owner of the bonds, that the bank had no interest therein, and that the guaranty-pledge was ultra vires, the court held, that …

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Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions Jan 1936

Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions

Michigan Law Review

A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).

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Patents - Infringement - Estoppel Based On Prior Interference Proceedings Jan 1936

Patents - Infringement - Estoppel Based On Prior Interference Proceedings

Michigan Law Review

The defendant was sued for infringement of certain basic process patents held by plaintiff corporation covering the recording of sound upon motion picture film. The defendant had applied for a patent for substantially this invention, but had lost in interference proceedings declared between him and the plaintiff here, who had also applied at about the same time. Because of these acts of applying and contesting interference proceedings, plaintiff here claimed that defendant was now estopped to set up in defense to this suit the non-patentable nature of the invention. Held, that the patent was invalid for anticipation and that …

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Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence Jan 1936

Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence

Michigan Law Review

Defendant was charged with unlawful possession of five mink skins during the closed season. His motion made before trial to suppress the evidence because of unlawful seizure was denied. He was convicted, and now appeals assigning the refusal to suppress the evidence as error. Held, judgment affirmed. The court said, "Upon a motion to suppress evidence because of an unlawful seizure, the burden of establishing that his rights have been transgressed is upon the party asserting such transgression." State v. Drew, 217 Wis. 216, 257 N. W. 681 (1934).

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Book Notes, Michigan Law Review Jan 1936

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

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Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy Jan 1936

Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy

Michigan Law Review

At present, the various jurisdictions hold with comparative uniformity that while offers to settle a dispute are not admissible in evidence, statements of independent fact made during such compromise negotiation are admissible. The routes of logic by which the courts arrive at this similarity in result are marked by some fundamental differences, as will be shown later, but the result is the same under any theory. The question therefore presents itself, whether the distinction made by the courts between the admissibility of offers to compromise and statements of fact made during compromise negotiations can be justified under a system of …

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Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit Jan 1936

Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit

Michigan Law Review

The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.

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Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries Jan 1936

Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries

Michigan Law Review

Plaintiff, a South American corporation, brought suit to recover on bearer bonds of a Finland corporation sold to plaintiff in New York. The bonds contained the stipulation that they were to be paid "in gold coin of the United States of America of the standard of weight and fineness as it existed on July 1, 1924." Both the principal and interest on these bonds were payable in New York. Held, the Congressional Joint Resolution declaring gold clauses in obligations to be against public policy and providing for discharging such obligations on payment, dollar for dollar, of legal tender coin, …

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Taxation-State Tax On Shares Of National Bank-Preferred Shares Held By Reconstruction Finance Corporation Jan 1936

Taxation-State Tax On Shares Of National Bank-Preferred Shares Held By Reconstruction Finance Corporation

Michigan Law Review

The Reconstruction Finance Corporation owned the entire issue of preferred stock of plaintiff bank The state statute putting a tax on stock of national banks was amended to allow the bank to be taxed directly and pass the tax on to its shareholders. A federal statute permitted states to tax, subject to certain limitations, all shares of national banking associations whose principal place of business was within the state. In a proceeding by the bank for the benefit of the Reconstruction Finance Corporation as well as itself to protest the collection of the tax, it was held that the shares …

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Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust Jan 1936

Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust

Michigan Law Review

The former husband of the principal defendant created a trust for her benefit with a clause restraining alienation and barring attachment by creditors. Plaintiff, holding a judgment against the cestui que trust, brought a creditor's bill in equity against the trustee and cestui. Held, creditor's bill dismissed, but the exemption of cestui's interest from the claims of creditors was invalid, and plaintiff might recover by amending and bringing an action at law with trustee process. Brahmey v. Rollins, (N. H. 1935) 179 A. 186.

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Contracts - Rewards -Apportionment Among Claimants Acting Severally Jan 1936

Contracts - Rewards -Apportionment Among Claimants Acting Severally

Michigan Law Review

When a reward has been offered for the apprehension of a criminal, arrest is frequently effected by the combined efforts of persons acting independently of each other. Action among the captors is necessarily independent when apprehension depends upon the contribution of bits of information in the possession of persons who are scattered over a wide area and who have no acquaintance with each other. Furthermore, in the nature of things information is apt to be scattered because a criminal attempting to cover his escape will leave only a few tell-tale clues along the path of his flight. When arrest has …

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Corporations-Amendment Of Corporate Charters-Power Of The Legislature To Authorize Changes In Intracorporate Affairs Jan 1936

Corporations-Amendment Of Corporate Charters-Power Of The Legislature To Authorize Changes In Intracorporate Affairs

Michigan Law Review

In 1819, in the leading Dartmouth College case, Justice Story suggested that a state might easily retain control over its corporations by the simple expedient of reserving the power to alter, amend, or repeal the charter. The states were quick to accept the suggestion, but the real extent of this reserved power has never been definitely ascertained. A minority of the state courts, led by New Jersey, have held that this reserved power extends only over the contract between the state and the corporation; whereas a great majority have adopted the view that it extends over the contract between the …

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Corporations-Liability Of Officers Of Corporate Trustee For Breach Of Trust Jan 1936

Corporations-Liability Of Officers Of Corporate Trustee For Breach Of Trust

Michigan Law Review

Defendants were officers and directors of the Lincoln Trust Company, which was acting as trustee for the holders of certain bonds secured by a mortgage. Among other things, the trust instrument provided that the Trust Company should foreclose whenever a breach of the conditions of the mortgage should occur. The mortgagors defaulted on interest payments, but the Trust Company nevertheless advanced the amount of the interest to the bondholders without notifying them that the mortgagors had defaulted, the concealment being apparently for the purpose of maintaining the market value of the bonds. In an action brought by the successor trustee …

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Evidence-Privilege-Husband And Wife-Attorney And Client Jan 1936

Evidence-Privilege-Husband And Wife-Attorney And Client

Michigan Law Review

A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?

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Taxation - Estate Taxation Of Property Of Citizens Located Abroad Jan 1936

Taxation - Estate Taxation Of Property Of Citizens Located Abroad

Michigan Law Review

An American citizen and resident died while temporarily in England leaving property in the United States, which was disposed of by an American will, and property consisting of tangible and intangible personalty in EngIand, which was disposed of by an English will. The executors of the English will paid the English death duties. The United States claimed that the English property should be included in the whole estate subject to the United States estate tax; this the executors of the American will denied, claiming that the United States had no jurisdiction to tax this property. Held, that the language …

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Taxation-State Taxation Of Capital Stock Of Corporations Owning United States Securities Jan 1936

Taxation-State Taxation Of Capital Stock Of Corporations Owning United States Securities

Michigan Law Review

A Pennsylvania statute imposed a tax on the shares of trust companies, the companies to be primarily liable therefor and the value of the shares to be ascertained by adding together so much of the amount of capital stock paid in, surplus, and undivided profits as was not invested in the stock of corporations liable to pay to the Commonwealth a capital stock tax or tax on shares, or relieved from the payment of capital stock tax or tax on shares, and dividing the sum by the number of outstanding shares. The corporations so relieved were those exclusively engaged in …

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Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act Jan 1936

Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act

Michigan Law Review

To avail itself of the remedial provisions of the National Bankruptcy Act as amended by section 80, the Imperial Irrigation District, a taxing district within the State of California, filed a petition for the readjustment of its debts. Pursuant to the requirements of section 80 the petition alleged that the District was unable to meet its debts and that a plan of readjustment had been accepted by 87.31 per cent of the creditors. Contestants, owners of petitioners' bonds, intervened. Held, section 80 of the National Bankruptcy Act as applied to the readjustment of the debts of an irrigation district …

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Taxation-Right Of Federal Taxpayer To Question Validity Of A Federal Tax-Effect Of Section 3224 Of The United States Revised Statutes Jan 1936

Taxation-Right Of Federal Taxpayer To Question Validity Of A Federal Tax-Effect Of Section 3224 Of The United States Revised Statutes

Michigan Law Review

Quite apart from the merits of the controversy, the recent decision of the Supreme Court in the Hoosac Mills case presented the interesting problem of the taxpayer's standing in court to question the validity of a federal tax. The problem is really twofold. First, may the taxpayer enjoin the collection of the tax? Second, assuming that he may not, what steps must he take before he can get a refund of the amount that he has paid?

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Corporations-Validity Of Option To Convert Preferred Stock Into Mortgage Bonds Jan 1936

Corporations-Validity Of Option To Convert Preferred Stock Into Mortgage Bonds

Michigan Law Review

A corporation issued preferred stock, with a fixed dividend rate, power to elect a director voting as a class, and an option in the holder to convert, at his election, into mortgage bonds which were issued at the same time. After a substantial indebtedness had been incurred by the corporation, the stockholders exercised their option to convert into bonds. The corporation then went into bankruptcy, and in reorganization proceedings, the bondholders claim a preference over general creditors. Held, that the former holders of the preferred stock were stockholders and not creditors of the corporation and that, in the absence …

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The Banking Act Of 1935, Harold James Kress Dec 1935

The Banking Act Of 1935, Harold James Kress

Michigan Law Review

The purpose of this article is to consider in a non-technical manner the principal changes in federal central and commercial banking law which have been brought about by the enactment of the Banking Act of 1935, and in that connection to take some account of the preexisting law and the announced or ostensible reasons for the changes made.

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May The Bar Set Its Own House In Order?, Lowell Turrentine Dec 1935

May The Bar Set Its Own House In Order?, Lowell Turrentine

Michigan Law Review

California is a particularly appropriate jurisdiction to be used as the basis for a study such as the present. Its State Bar Act of 1927 was one of the early, detailed, legislative attempts to confer self-governing powers upon the bar, its decisions have become leading cases on the questions of constitutionality and construction thus presented, and its reported disciplinary cases far outnumber those of any other state-baract jurisdiction. Consideration of the relative merits of different methods of bar integration is outside the scope of this paper. But no inference should be drawn from anything herein that a statutory bar of …

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A Proposed Plan Of Classification For The Law, Charles C. Ulrich Dec 1935

A Proposed Plan Of Classification For The Law, Charles C. Ulrich

Michigan Law Review

One of the greatest needs of the law today is a satisfactory plan of classification. Whenever codes have been drafted, or digests and encyclopedias of the law compiled, from the time of the Romans to the present, the first problem that presented itself was always that of classification. The question of classification was considered when the work of the American Law Institute was begun and the restatement of the law attempted, though it does not seem to have been given the attention it merited. And despite various schemes of legal classification that have been proposed in the course of time, …

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Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss Dec 1935

Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss

Michigan Law Review

Policies of insurance invariably contain provisions to the effect that, upon occurrence of the event insured against, notice thereof shall be given to the insurer. As in the normal contract, such condition qualifies the undertaking of the promisor unless its performance is legally excused. In actions for breach of promise, impossibility of performance has been held to constitute a good defense to the suit for damages in certain instances, though the early rule was that payment of damages was never impossible and hence impossibility of performance was no defense in an action for breach. It is to be noted that …

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Corporations - Stock Market Manipulation - Rescission For Fraud Dec 1935

Corporations - Stock Market Manipulation - Rescission For Fraud

Michigan Law Review

To obtain a more favorable market ratio for the contemplated exchange, defendants maintained an artificial market in Harriman Bank stock, then offered to exchange that stock for Liberty Bank stock. In a suit brought by former Liberty Bank stockholders to obtain a rescission of the executed exchange upon the ground of fraud, held, that a good cause of action was stated. Wilcox v. Harriman Securities Corporation et al., (D. C. N. Y. 1933) Io F. Supp. 532.

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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights Dec 1935

Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights

Michigan Law Review

By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …

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Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded Dec 1935

Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded

Michigan Law Review

A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …

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International Law - Treaty Interpretation - Immunity Of Consul From Civil Suit Dec 1935

International Law - Treaty Interpretation - Immunity Of Consul From Civil Suit

Michigan Law Review

Tarcuanu, the vice-consul in charge of the Roumanian consulate in New York City, was served with a summons ma civil suit. This case involves his motion to have the summons vacated because of article 2 of the treaty of 1881 between the United States and Roumania, the pertinent part of which says: "The consuls-general, consuls, vice-consuls and consular agents of each of the two high contracting parties shall enjoy reciprocally in the States of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation." In this …

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Unfair Competition - Forgery Of Rare Stamps Dec 1935

Unfair Competition - Forgery Of Rare Stamps

Michigan Law Review

The defendant took stamps from a common, imperforate issue and perforated them to resemble exactly a perforate issue which because of its rarity had become very valuable, These were circulated among unscrupulous dealers who passed them off on the public as the genuine rare stamps at a much lower price than the genuine. This caused the value of the genuine stamps to fall and honest dealers to lose trade, The defendant did not try to deceive the dealers; he merely pointed the way for the deception of the public. The American Philatelic Society, an organization of some four thousand stamp …

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