Digital Commons Network^™

Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore

Michigan Law Review

The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we …

The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:

Michigan Law Review

A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …

The New Spanish Constitution And International Obligations, Jesse S. Reeves

Michigan Law Review

The promulgation of a Constitution for the Republic of Spain, of date of December 9, 1931, invites attention to certain provisions therein relating to international law, treaties, and related topics.

The Constitution of Esthonia, dated June 15, 1920, Article 4, contains apparently the earliest constitutional provision as to the relation of international to the municipal law: "The universally recognized general rules of international law are an integral part of the laws of Esthonia." The German Constitution of August II, 1920, Article 4, provides that "the generally recognized rules of international law are valid as binding constituent parts of the law …

Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier

Michigan Law Review

Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …

Intoxicating Liquors -The New Michigan Amendment

Michigan Law Review

The people of the State of Michigan at the last general election ratified an amendment to section 11, Article 16 of the state constitution, the so-called prohibition section, to authorize the legislature to establish a liquor control commission and to impose an excise tax on liquor sales. In accordance with constitutional provisions this amendment went into effect on December eighth last. As the new amendment is drafted it leaves unsettled at least three important matters: (1) The present law in Michigan on the subject of intoxicating liquors; (2) The powers vested by it in the legislature and the liquor control …

Constitutional Law-Res Judicata In Federal Courts

Michigan Law Review

In American Surety Company v. Baldwin the Surety Company had chosen the state courts of Idaho as its forum for determining the issue of liability upon the supersedeas bond and had pursued its remedy to the Supreme Court. Then it sought to re-open the issue and inject a federal question by bringing an action to enjoin the enforcement of the judgment in the federal courts in Idaho. It was held that the doctrine of res judicata prevented a resort to an independent hearing in the federal courts in that State. American Surety Company v. Baldwin, (U.S. 1932) 53 Sup. …

Congressional Redistricting And The Constitution, Harold M. Bowman

Michigan Law Review

Is congressional redistricting by state legislatures an exercise of the lawmaking function, subject to the governor's veto power? Is fairness in such redistricting secured today either by federal statute or by the federal Constitution? Of these two questions, posed by recent events, the first has been completely answered; the second has been answered in part only -- breeding in its answer new and troublesome problems.

Book Notes And Notices

Michigan Law Review

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

Broadening Legal Education, Edgar Noble Durfee

Michigan Law Review

The adoption of the case-method was a wild venture into the unknown, and even now, after a half century of experience, its wisdom is not proved in any strict sense. I remind the reader of this in order that there may be between us a clear understanding that any discussion of legal education moves in the realm of opinion. And there are other difficulties. Legal education is an eminently practical business, a tangle of conflicting factors. Wisdom lies in compromise and patient shaping of details. I shall therefore concern myself not so much with formulation of principles as with details …

Constitutional Law - Due Process And Equal Protection - Right Of Counsel

Michigan Law Review

The Scottsboro cases decided by the Supreme Court at the present term raise several interesting constitutional questions. The judgments were assailed on the ground that they were violative of the due process and equal protection clauses of the Fourteenth Amendment in three respects: (1) that the negroes were tried by juries from which members of their race were systematically excluded; (2) that they were not accorded a fair, impartial and deliberate trial; (3) that due process was denied because the right of counsel, with the usual incidents of consultation and adequate preparation for trial, was lacking. While the Supreme Court …

Libel - Defamatory Statements In Appellate Brief - Publication Of Excerpts By Legal Scholar As Privileged

Michigan Law Review

The right to reputation, at least as far as written defamation is concerned, is recognized as an absolute right, to be invaded at peril. Yet it often becomes necessary in the course of judicial proceedings to consider the character and acts of individuals and to make them the subject of inquiry or comment. On such an occasion the demands of society compel a surrender of the interests of the citizen and require an immunity from prosecution for what would otherwise constitute an actionable wrong.

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, …

Torts - Negligence -The Duty Element

Michigan Law Review

Plaintiff was the driver of a large motor coach which had skidded on an icy road and knocked down a telephone post, causing a wire, strung thereon, to sag across the road. Perceiving that defendant's approaching truck would run into the wire, plaintiff signalled defendant to stop, but defendant did not stop until his truck had struck the wire, pulling the pole over so that it hit the plaintiff. Held, one judge dissenting, that the question of defendant's negligence was for the jury. Kennedy v. Scott Transportation Co., (C. C. A. 2d, 1932) 60 F. (2d) 717.

Trade-Marks - Unfair Competition - Right To Prohibit The Use Of One's Personal Name As A Trade-Mark

Michigan Law Review

The plaintiff, De Nobili Cigar Co., had, over a period of years, added a secondary significance to its name when the defendant corporation organized, taking its name, F. G. Nobile Cigar Co., from one of its members who was not a manufacturer of cigars, and who received stock for such use of his name and his managerial ability. The lower court decreed that the labels of the defendant should be so changed as to be distinguishable from those of the plaintiff and that the phrase, "of Providence, R. I.," be added to its name to distinguish it from the plaintiff …

What Is A "Contract" Under The Contracts Clause Of The Federal Constitution?, Paul G. Kauper

Michigan Law Review

The case of Coombes v. Getz, recently decided by the United States Supreme Court, raises in a crucial way the question of what is a contract within the meaning of Article I, section 10 of the Constitution, forbidding States to pass laws impairing the obligations of contracts. A provision of the California Constitution in force at the time the plaintiffs brought this action in the state court below made directors of corporations jointly and severally liable to the creditors and stockholders for all moneys embezzled or misappropriated by the officers of the corporation during the term of office of …

Assignment Of Money Claims (Particularly Wage Claims) - Restraint On Alienation

Michigan Law Review

If a contract has been performed on one side so that all that remains is an obligation to pay and a right to receive money, can the parties by agreement effectively prevent the assignment of the claim? The Illinois Supreme Court had this question before it for consideration in the case of State Street Furniture Co. v. Armour & Co., where the plaintiff was the assignee of wages due to an employee of the defendant, the employee having agreed not to assign his wages without the written consent of his employer. The court decided that the restrictive agreement had …

Non-Assignment Provisions In Land Contracts, Edwin C. Goddard

Michigan Law Review

Many a sale of real estate is made to a purchaser who lacks the ready cash to pay the price. A deed of conveyance may be given with a mortgage back for the unpaid portion of the purchase price. But more and more in recent years the vendor has given a contract to convey conditioned upon the making of periodical payments of stipulated amounts, a deed to be given when the whole or a stated portion of the purchase price has been paid. The initial payment may be very small, and not infrequently the periodic payments are little more than …

Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway

Michigan Law Review

The United States Supreme Court has held repeatedly that dealings between intercorporately related companies should be scrutinized closely to prevent any unfair advantage being taken of a subsidiary public utility company by a dominant organization through an exercise of the control inherent in capital stock ownership.1 Yet in an opinion written by Mr. Justice McReynolds in 1923, the court laid down a rule for utilities commissions in rate cases involving intercorporate service-contract charges which, if strictly adhered to, would have sounded the death knell for effective commission regulation.

Legislative Committees And Commissions In The United States, John A. Fairlie

Michigan Law Review

In the Congress of the United States and the legislatures of the forty-eight states committees composed of a limited number of members play an important part and to a large extent the predominant part, in legislation both by making preliminary inquiries and by planning the detailed provisions of measures. While important changes are at times made in the general sessions, the final result is in a large measure determined by the several committees. In most American legislative bodies there are numerous committees of various kinds, such as select committees for limited special purposes, standing committees regularly appointed, conference committees, and …

Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty

Michigan Law Review

At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …

Restrictive Indorsements

Michigan Law Review

Under Sec. 36 of the N. I. L. an indorsement is restrictive which prohibits further negotiation or constitutes the indorsee the agent of the indorser or vests the title in a trustee in trust for some other person. The mere absence of words importing a power to negotiate does not, however, make the indorsement restrictive. Among the rights of a restrictive indorsee as declared by Sec. 37 is the one to bring "any action thereon that the indorser could bring." The remaining provision of the statute dealing with such indorsements is Sec. 47, which provides that "An instrument negotiable in …

Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance

Michigan Law Review

Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.

Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable

Michigan Law Review

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …

Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance

Michigan Law Review

Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.

Negligence-"Family Automobile" Doctrine Applied To Motorboat

Michigan Law Review

Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.

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.

Book Notes And Notices

Michigan Law Review

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

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 …

Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers

Michigan Law Review

Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …

Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity

Michigan Law Review

The latest effort of organized labor to protect itself against judicial interference in industrial disputes is to be found in the Norris anti-injunction bill, passed by Congress early this year and signed by the President on March 23, 1932. Its object is to limit the powers of federal courts at law and in equity, and chiefly to regulate the grant of federal injunctions in labor disputes. Similar legislation, state and federal, has encountered many obstacles, either by way of restrictive interpretation or through constitutional limitations. It is, therefore, interesting to examine not only the main provisions of the Norris Act …