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University of Michigan Law School

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Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold May 1935

Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold

Michigan Law Review

Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …

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Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy May 1935

Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy

Michigan Law Review

Plaintiff recovered judgment against the insured for injuries received in an automobile accident. The judgment being unsatisfied, plaintiff sued the insurer on its public liability policy. Held, the policy by implication intended a benefit to the injured person and he may sue as a creditor-beneficiary. Ohio Casualty Ins. Co. v. Beckwith, (C. C. A. 5th, 1935) 74 F. (2d) 75.

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Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process May 1935

Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process

Michigan Law Review

Serious obstacles were placed in the path of social legislation by the Supreme Court's decision holding the Railroad Retirement Act unconstitutional.1 To what extent the narrow view taken of the permissible field of regulation of interstate commerce will interfere with other legislation based on the commerce power remains to be seen. The majority of the Court, speaking through Mr. Justice Roberts, found the Act objectionable both as violating the due process clause of the Fifth Amendment of the Constitution and as not being a regulation of commerce under the commerce clause. Before taking up these two aspects of the case, …

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Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency May 1935

Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency

Michigan Law Review

A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and …

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Public Utilities - Rates -Value Of The Service As Basis May 1935

Public Utilities - Rates -Value Of The Service As Basis

Michigan Law Review

The power company had been serving a sparsely settled rural district in Utah for many years; it had never during its history paid dividends of over 5 per cent, during the last fourteen years it had averaged 3.75 per cent, and during the last five years 2.75 per cent. On the petition of customers who argued that the company should bear part of the burdens of the economic depression, the state utilities commission ordered a ten per cent reduction of all rates on the basis that the charge should not be more than the service was worth. Held, while …

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Dedicatory Exercises Of The Law Quadrangle Apr 1935

Dedicatory Exercises Of The Law Quadrangle

About the Buildings

We have met here today specifically to dedicate Hutchins Hall, the last unit to be erected of a splendid group of buildings presented to the University by Mr. W. W. Cook. The buildings are beautiful, useful, and enduring, but taken altogether, with all that they are in themselves and all that they signify, they represent only one part of a comprehensive contribution to the educational resources of the University of Michigan. It is, therefore, both fitting and imperative that we should on this occasion consider carefully the significance of our whole heritage. Other persons today will speak of Mr. Cook's …

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Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project Apr 1935

Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project

Michigan Law Review

In proceedings by the United States government to condemn certain lands in the city of Louisville for the purpose of a slum clearance and low cost housing project, several property owners demurred to the condemnation petitions as being beyond the constitutional powers of the federal government. Although the United States contended that the property was being taken for a public use, in the sense of general public advantage, and that the project was a valid expenditure of public funds for the general welfare, it was held that this condemnation was not within the power of the federal government. United States …

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The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper Apr 1935

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The Northern inflation coincided almost exactly in its early stages with the inflation in the South, and was produced by the same basic factor - a budgetary deficit due to war expenditure. The financial mobilization of the North was handicapped at the outset by a deficit inherited from the previous administration and by an impaired national credit. The prompt response of the Northern banks enabled the Treasury to overcome this initial handicap and to finance the greatly increased expenditure through the early months of the war. How long orthodox methods of borrowing would have sufficed has been ever since a …

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The English Rule As To Liability For Unintended Consequences, George C. Tilley Apr 1935

The English Rule As To Liability For Unintended Consequences, George C. Tilley

Michigan Law Review

The question how far a defendant is liable in tort for the unintended consequences of his wrongful act, generally supposed to have been settled for England by the case of In re Polemis and Furness, Withy & Co., Ltd., has recently been reopened by the House of Lords decision in the case of Liesbosch Dredger v. S. S. Edison. Defendants, owners of the Edison, negligently sank the plaintiffs' dredger Liesbosch while the latter was being used by the plaintiffs in performance of a profitable contract to construct a harbor at Patras, Greece. There was evidence that, …

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Criminal Law And Procedure - Indecent Exposure - Nudism Apr 1935

Criminal Law And Procedure - Indecent Exposure - Nudism

Michigan Law Review

The two recent cases of People v. Ring and People v. Burke have raised the interesting question of the legal position in this country of the practice of organized nudism. Inasmuch as the decisions are difficult to reconcile, the result is somewhat disconcerting.

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Torts - Inducing Breach Of Contract Apr 1935

Torts - Inducing Breach Of Contract

Michigan Law Review

The recognition of inducement of breach of contract as a tort came only in comparatively recent times, its first clear enunciation being in Lumley v. Gye in 1853. Prior to that case there had been an accepted doctrine that interference with the relation of master and servant was an actionable wrong. Sayre finds the roots of the liability for enticement of servants in the Ordinance of Labourers passed after the Great Plague, and in a confusion of the action based on that statute and the action for forcibly interfering with the servants of another. In Lumley v. Gye the action …

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Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts Apr 1935

Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts

Michigan Law Review

Petitioner was attorney for certain air lines and during the course of the "Air Mail" contracts investigation in the Senate in 1934 was ordered to produce certain correspondence. He delayed, claiming an attorney's privileges, and either he or his partner allowed clients to remove certain of the papers asked for from his files. Some of the papers were later returned by the clients, and others were destroyed. Petitioner was committed for contempt of the Senate and brought habeas corpus proceedings. Held, (1) neither the fact that an obstruction of legislative process has been removed or that its removal has …

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Constitutional Law - Price Fixing - Limits Of Administrative Discretion Apr 1935

Constitutional Law - Price Fixing - Limits Of Administrative Discretion

Michigan Law Review

An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …

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Book Notes, Michigan Law Review Apr 1935

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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Attorney And Client-Appropriate Penalty For Embezzlement As Executor Apr 1935

Attorney And Client-Appropriate Penalty For Embezzlement As Executor

Michigan Law Review

An attorney over a period of two years converted for his own purposes $12,500 from two estates of which he was executor. Although the Chicago Bar Association Committee on Grievances recommended disbarment it was held, three justices dissenting, that defendant should be suspended for two years and until complete restitution was made. In re Borchardt, (III. 1934) 192 N. E. 383.

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Attorney And Client - Duty Of Attorney To Follow Client's Instructions Apr 1935

Attorney And Client - Duty Of Attorney To Follow Client's Instructions

Michigan Law Review

An attorney's duty, where he is specially instructed, is to follow the instructions of his client, except as to matters of detail connected with the conduct of the suit, and he is liable for all losses resulting from his failure to follow such instructions with reasonable promptness and care.

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Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3) Apr 1935

Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)

Michigan Law Review

Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …

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Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp Apr 1935

Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp

Michigan Law Review

Henry L. Doherty, a non-resident of the State of Iowa, did business within the state under the name of Henry L. Doherty & Co., with a district manager in charge of the office at Des Moines. Under the manager were clerks and salesmen engaged in the business of selling securities. One of these salesmen made an illegal sale to Goodman, and for damages resulting from the transaction Goodman brought suit in 1931, serving in the regular manner in accordance with the provisions of section 11079 of the Iowa Code the district agent at the Des Moines office. Doherty appeared specially …

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University Of Michigan Law School Announcement, 1935-1936 With List Of Students, 1934-1935, University Of Michigan Law School Mar 1935

University Of Michigan Law School Announcement, 1935-1936 With List Of Students, 1934-1935, University Of Michigan Law School

Law School Announcement and Bulletins

Board of Regents; Faculty of Law; Organization and Methods; The Law Quadrangle; The Law Library; Summer Session; Directions to Candidates for Admission; Requirements for Admission; Requirements for Graduation: Degrees; The Law Curriculum; Electives; Seminar Courses; Special Courses; The Practice Court; Fees and Expenses; Michigan Law Review; Fellowships, Scholarships, and Prizes; Order of the Coif; Students' Physical Welfare; The Michigan Union; The Michigan League; Summer Session; Graduates of 1934; Students;

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Contracting By Reference To Price Indices, John P. Dawson, James Will Coultrap Mar 1935

Contracting By Reference To Price Indices, John P. Dawson, James Will Coultrap

Michigan Law Review

The commodity price index number has been defined as a "figure which shows the average percentage change in the prices of a number of representative goods from one point of time to another." In the preceding article it has been argued that the use of the index number in private contracts as a method of expressing stable values is not prohibited by the gold-clause resolution of June 5, 1933; that in the decisions of the United States Supreme Court sustaining this legislation there is nothing to indicate that such contracts would run counter to the Government's policies in the control …

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Book Notes, Michigan Law Review Mar 1935

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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The Gold Clause Decisions, John P. Dawson Mar 1935

The Gold Clause Decisions, John P. Dawson

Michigan Law Review

The gold clause decisions of February 18, 1935, have already taken their place among the great landmarks of American constitutional history. They have given a partial answer to some basic questions of constitutional law. Directly they have disposed of claims amounting to a total of many billions of dollars. But their further implications, both for public and private law, are of even greater magnitude; it may be many years before these wider implications are more fully understood.

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Constitutional Law-Validity Of State Anti-Injunction Legislation Mar 1935

Constitutional Law-Validity Of State Anti-Injunction Legislation

Michigan Law Review

The development of organized labor in the United States has created difficult legal and social problems with which the courts and the legislatures are required to deal. The courts were the first to deal with these problems and, rightly or wrongly, attempted to apply to them the existing rules of law. For instance, the rules of property law have been applied. Where organized labor interfered with the carrying of the mail, it was said that the federal government had a property right in the mails. Where the carrying on of a business was interfered with, it was held that the …

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The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper Mar 1935

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The American Civil War provides ample material for studying the legal consequences of currency depreciation. The sudden demands of war on government budgets made it necessary in both North and South to issue a large volume of paper money, which produced a general rise in prices, a premium on gold, and all the other indices of major monetary inflation. American history had already illustrated the dangers in the use of unstable monetary standards and in too rapid an expansion of the monetary supply. The period of the Civil War is of peculiar interest to lawyers, however, because the record of …

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Corporations - Depreciation And Net Profits For Dividend Purposes Mar 1935

Corporations - Depreciation And Net Profits For Dividend Purposes

Michigan Law Review

This discussion will deal only with cash dividends on par value stock. It proceeds on the assumption that dividends in a particular jurisdiction may be paid only from "net profits," but it is not the writer's purpose to interpret "net profits" except so far as that term is affected by depreciation. The discussion will consist of a short examination of the economic nature of depreciation; a consideration of accounting techniques for handling depreciation in the accounts, with an evaluation of these techniques from the point of view of analytical jurisprudence; and a discussion of the case law.

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Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction Mar 1935

Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction

Michigan Law Review

Defendant pleaded guilty to rape and was sentenced to imprisonment upon an indictment which showed upon its face that the period allowed by the statute of limitations had elapsed since the offense charged had been committed, and there were no allegations setting forth an exception to the running of the statute. Later, defendant moved to set aside the judgment on the ground that the court lacked jurisdiction. Held, the judgment was void and the defendant should be released. People v. McGee, (Cal. 1934) 36 Pac. (2d) 378.

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Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality Mar 1935

Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality

Michigan Law Review

Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …

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Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message Mar 1935

Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message

Michigan Law Review

At a special session called by the executive to consider, among other matters, a bill "providing for the validation of bonds issued by a municipality under sufficient popular vote regardless of technical requirements," the legislature enacted a statute permitting validation of bonds even when issued without legal power, and the bill was approved by the governor. Pursuant to the statute, the common council of Detroit, in order to refund the city's bonded debt, approved the validity of the old obligations of the municipality, and petitioned for a writ of mandamus to compel the city controller to issue the refunding bonds …

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Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property Mar 1935

Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property

Michigan Law Review

The Texas Co. and the National Broadcasting Co. sought to enjoin the unauthorized publication and sale by the Uproar Co. of a pamphlet containing the subject-matter of Ed Wynn's advertising program, broadcast under the auspices of the Texas Co. The name "Graham," which was associated with the announcer Graham McNamee and had acquired a secondary meaning in connection with the N. B. C., appeared frequently in the pamphlet. The court found that the Texas Co. had the sole right under a contract with Wynn to the use of Wynn's script, that the N. B. C. had the exclusive right under …

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Trusts-Possible Extension Of The Tentative Trust Doctrine Mar 1935

Trusts-Possible Extension Of The Tentative Trust Doctrine

Michigan Law Review

The settlor established a trust for the plaintiff, his daughter, appointing a trust company as trustee. The trust deed expressed the purpose of adding to the estate, but no additional property was delivered to the trustee. Later the settlor rented a deposit box from the trust company in the name of the plaintiff by himself as agent and informed its officers that he was creating another estate for the plaintiff for her use later in life, that he would manage the estate, and that he did not want plaintiff to know about the box. From time to time he placed …

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