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University of Michigan Law School

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Sales - Warranty - Theory Of Implied Assignment May 1931

Sales - Warranty - Theory Of Implied Assignment

Michigan Law Review

In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: the plaintiff signed an order for a tractor, knowing that the defendant's agent, who solicited the order, had no power to make a binding contract, and knowing, from the face of the order, that there would be no contract till it was accepted at the defendant's home office. The agent's employment was terminated before he sent the order in, so he turned it over to another dealer. The latter did not forward the order to the defendant, but wrote a new one, signed …

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Bankruptcy-Effect Of Discharge On Assignment Of Expectancy May 1931

Bankruptcy-Effect Of Discharge On Assignment Of Expectancy

Michigan Law Review

The Bankruptcy Act of the United States provides for the preservation of liens against a bankrupt's property not specifically declared by the Act itself to be dissolved because of fraud or because obtained within four months prior to the filing of the petition in bankruptcy. A discharge in bankruptcy protects the bankrupt from personal liability but does not affect valid and subsisting liens. These may be enforced after the discharge is granted

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Brokers-Liability In Conversion For Sale Of Stolen Bonds May 1931

Brokers-Liability In Conversion For Sale Of Stolen Bonds

Michigan Law Review

Plaintiffs, brokers, sold on the Exchange as agents for a supposedly reputable customer, certain negotiable bonds. Purchasers, upon learning that the bonds had been stolen, returned them to the plaintiffs who, pursuant to a rule of the Exchange, substituted other bonds of unquestioned title. In an action by the plaintiffs against an insurance company, subrogated to the rights of the original owners, for a declaration of ownership, held, for the plaintiffs. Gruntal v. National Security Co. (N. Y., Nov., 1930) 173 N.E. 682.

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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The Rule In Lemayne V. Stanley, Philip Mechem Apr 1931

The Rule In Lemayne V. Stanley, Philip Mechem

Michigan Law Review

In the leading case of Lemayne v. Stanley the testator's will, written by his own hand, began: "In the name of God, Amen, I John Stanley make this my last will and testament * * *" and was otherwise unsigned. The court of common pleas held the will duly signed, "for being written by himself, and his name in the will, it is a sufficient signing within the statute which does not appoint where the will shall be signed, in the top, bottom or margin, and therefore a signing in any part is sufficient."

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Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper Apr 1931

Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper

Michigan Law Review

In Pemberton v. Hughes the action was brought in England, by one Sarah E. Pemberton claiming to be the widow of Francis Alexander Pemberton, for certain property rights incident to widowhood. Whether plaintiff was the widow of Pemberton depended upon the validity of their alleged marriage, which in tum depended upon the validity of a Florida divorce of the lady from a former husband. In the divorce action in question, service of summons had been made upon the present plaintiff one day less than the statutory period before appearance. Under the law of Florida, such a defective service rendered the …

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Recognition Cases In American Courts, 1923-1930, John S. Tennant Apr 1931

Recognition Cases In American Courts, 1923-1930, John S. Tennant

Michigan Law Review

Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …

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Succession By Murderer-Applicability Of Constructive Trust Apr 1931

Succession By Murderer-Applicability Of Constructive Trust

Michigan Law Review

There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …

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Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied Apr 1931

Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied

Michigan Law Review

It may be stated as a general proposition that a surety is not entitled to subrogation until the creditor has been paid in full, and that until such time as the creditor has been completely satisfied, the right to be subrogated remains inchoate, as it was when the suretyship contract was made. A reason frequently advanced for this rule is that to allow the surety to have subrogation at once would create a hardship on the creditor. In fact, in the case of Motley v. Harris, the court permitted the surety to be subrogated to dividends of the insolvent …

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Administrative Tribunals--Judicial Notice Apr 1931

Administrative Tribunals--Judicial Notice

Michigan Law Review

The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …

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Corporations--Cumulative Preferred Stock-Effect Of By-Laws Apr 1931

Corporations--Cumulative Preferred Stock-Effect Of By-Laws

Michigan Law Review

An action was brought by preferred stockholders, during voluntary liquidation of a corporation, for payment of dividends, alleged to be cumulative, which had been passed on account of deficits during the two preceding years. The statutory provision giving the power to issue stock required the articles of incorporation to indicate, when any of the stock was preferred, whether or not the dividends should be cumulative. The articles stipulated that the preferred stock should be entitled to a six per cent dividend out of the net yearly income before any dividend should be paid on the common stock. A by-law, adopted …

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Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors Apr 1931

Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors

Michigan Law Review

The plaintiff and the defendant, husband and wife, were tenants by the entireties in certain real estate. Fearing an action by a supposed creditor against the husband, they conveyed without consideration to a third person who subsequently conveyed to the wife. This was done on the advice of counsel. There was an oral understanding between the plaintiff and the defendant at the time of this conveyance that the husband's interest should be reconveyed in the same roundabout manner after any danger of suit had passed. Due to wise investments on the part of the wife this property became very valuable. …

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Review: International Adjudications, Edwin D. Dickinson Apr 1931

Review: International Adjudications, Edwin D. Dickinson

Michigan Law Review

A Review of : INTERNATIONAL ADJUDICATIONS Edited by John Bassett Moore.

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Book Reviews Apr 1931

Book Reviews

Michigan Law Review

Six brief book reviews of various law topics.

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Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money Apr 1931

Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money

Michigan Law Review

There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …

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Administative Tribunals-Judicial Review Of Legislative Functions Apr 1931

Administative Tribunals-Judicial Review Of Legislative Functions

Michigan Law Review

On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …

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Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution Mar 1931

Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution

Michigan Law Review

Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …

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Property-Meander Lines As Boundaries Mar 1931

Property-Meander Lines As Boundaries

Michigan Law Review

In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents Mar 1931

Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents

Michigan Law Review

Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Public Utilities-Valuation-The Rate Base Mar 1931

Public Utilities-Valuation-The Rate Base

Michigan Law Review

The Board of Public Utility Commissioners of New Jersey appealed from a decree entered in the district court enjoining the enforcement of their order regulating the rates of the Elizabethtown Water Co. The district court found that, upon its own determination as to valuation, the rates prescribed were confiscatory and violative of the due process clause of the Fourteenth Amendment. Held, the basis of valuation in determining the rate base is present value. After reviewing the evidence, the court was of the opinion that the utility's evidence as to valuation was the more satisfactory, and that. the rates prescribed …

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Statutes-Indefiniteness As Affecting Vaudity Mar 1931

Statutes-Indefiniteness As Affecting Vaudity

Michigan Law Review

Plaintiff sought to enjoin the enforcement of Public Acts Conn. 1929, c. 296, section 4 of which prohibits the "sale or delivery of lubricating oil for use in motor vehicle engines, that shall not be 'equal to or better in quality and specifications' than that !mown as United States Government Specifications for Motor (Class D) Lubricants." Section 5 provides for all tests to determine quality to be made in accordance with methods contained in a certain technical paper of the Bureau of Mines, made a part of the act. The act further provided fines and imprisonment for violations. The district …

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Torts-Right Of Privacy Mar 1931

Torts-Right Of Privacy

Michigan Law Review

Petition by the plaintiffs alleging an invasion of their right of privacy by an unauthorized publication of a picture of their malformed child, taken without their consent after its death, held, on demurrer, to state a cause of action. Bazemore v. Savannah Hospital et al. (Ga. 1930). 155 S.E. 194.

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Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black Mar 1931

Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black

Michigan Law Review

A Review of THE PUBLIC AND ITS GOVERNMENT By Professor Felix Frankfurter.

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Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood Mar 1931

Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood

Michigan Law Review

A Review of THE LAW OF INSANITY. By George A. Smoot

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Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown Mar 1931

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.

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The New Michigan Court Rules, Edson R. Sunderland Mar 1931

The New Michigan Court Rules, Edson R. Sunderland

Michigan Law Review

There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.

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Corporations-Tax Upon Extension Or Renewal Of Corporate Term Mar 1931

Corporations-Tax Upon Extension Or Renewal Of Corporate Term

Michigan Law Review

Plaintiff, its period of corporate existence expiring in May, 1929, proceeded to extend its life, as provided by law, for another 30 years. The general corporation statute required a corporation, upon filing its annual report, to pay a privilege fee for exercising its franchises. It provided, however, that if the corporation was organized in the instant year between January 1 and August 31, it need pay only a filing fee and a privilege fee of ten dollars. By amendment in 1929, it was declared that a corporation seeking extension of corporate existence "should be regarded as a new corporation for …

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Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact Mar 1931

Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact

Michigan Law Review

The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …

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