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Articles 6391 - 6420 of 8523
Full-Text Articles in Entire DC Network
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Michigan Law Review
Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He …
Book Notes, Michigan Law Review
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.
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Michigan Law Review
The patent laws of the United States grant to a patentee the "exclusive right to make, use, and vend the invention or discovery . . . throughout the United States and the Territories thereof . . . . " Much litigation has arisen over the extent of the monopoly thus granted a patentee, but even at this late date it is not too clearly defined. The question came up anew in the case of General Talking Pictures Corp. v. Western Electric Co., where the owner of a patent on a device used in sound reproduction and broadcast reception had …
Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker
Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker
Michigan Law Review
Plaintiff's right to petition for reorganization under section 77 B of the Bankruptcy Act was challenged on the ground that plaintiff was an "insurance corporation" within the meaning of section 4 of the Bankruptcy Act and therefore excepted from the benefits of the act. Held, that when Congress used the words "insurance corporation" in the Bankruptcy Act, it meant a corporation authorized by the law of its creation to do an insurance business. As Congress knew that the various States had authorized the formation of fraternal benefit societies, described as such in enabling statutes, when Congress passed this statute …
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Michigan Law Review
Plaintiff alleged that while he was carefully crossing defendant's right of way, on a clearly defined and well worn footpath, he was struck by defendant's engine, which was backing toward the footpath in a "stealthy manner"; that defendant's servants failed to give warning as they were accustomed to do, or keep a lookout; that the footpath had been habitually used in crossing defendant's right of way for many years, that such crossing had been constant, open, and notorious as defendant knew; and that defendant had never objected to this use. Defendant demurred. Held, demurrer sustained on the ground that …
Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd
Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd
Michigan Law Review
In a study of British labor, Andre Philip contrasted what he termed "le Trade Unionisme'' of England with les syndicats professionels of France. So foreign did he deem the British concept of trade unionism to his French readers that, in speaking of British trade unions, he preferred not to use the French term.
Constitutional Law - Taxation - Curtailment Of Intergovernmental Tax Immunities, Allan A. Rubin
Constitutional Law - Taxation - Curtailment Of Intergovernmental Tax Immunities, Allan A. Rubin
Michigan Law Review
In the recent well-publicized decision of Graves v. O'Keefe, the United States Supreme Court, following a path adequately cleared by Helvering v. Gerhardt, again enlarged the scope of the governmental powers to impose non-discriminatory taxes. In so doing, the Court clarified the fundamental principles underlying intergovernmental tax immunities by eliminating inconsistencies and resolving confusion persisting in this field of law. The Gerhardt case had sustained the imposition of a federal income tax on the salaries of employees of the Port of New York Authority, a state instrumentality created by New York and New Jersey. But it had not …
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Michigan Law Review
Defendant A made and delivered the note in question in 1921, payable in two years. In 1931 after the death of the payee, the note was duly assigned to plaintiff. When plaintiff received the note, the signature of defendant B appeared below that of A. The court found that B's signature had been added by someone unknown claiming a benefit under the note after delivery and for the purpose of giving a greater security to the note and that neither defendant authorized or had any knowledge of the addition of B's name. The plaintiff sued both defendants …
Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman
Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman
Michigan Law Review
The testator's will contained a bequest of $10,000 to executors to be held in trust by them and paid out "to such corporations or associations of individuals as will in their judgment best promote the cause of preventing cruelty to animals in the vicinity of Asheville." A state statute provided that no charitable trust should be declared invalid by reason of any indefiniteness or uncertainty of the object or beneficiaries of the trust or because the trustee is given discretionary power in the selection and designation of the objects or beneficiaries of the trust or in carrying out the purpose …
Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Michigan Law Review
Eighteen electric utilities, with non-exclusive franchises and in direct competition with the TVA in selling power wholesale to municipalities, cooperatives and large industrial plants, sought to enjoin the activities and projects of the TVA and its directors as being unconstitutional and as contravening their rights under the fifth, ninth, and tenth amendments. Fraud, duress, and misrepresentations in securing customers were charged. A court of three judges dismissed the bill, holding that there was no fraud or duress and that the TVA was constitutional. Fourteen utilities appealed to the United States Supreme Court. Held, with Justices Butler and McReynolds dissenting, …
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Michigan Law Review
After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Michigan Law Review
A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable. Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).
Securities Legislation - Public Utility Holding Company Act Of 1935 - Extension Of Maturity Date As New "Issue", Edmund O'Hare
Securities Legislation - Public Utility Holding Company Act Of 1935 - Extension Of Maturity Date As New "Issue", Edmund O'Hare
Michigan Law Review
Defendant a public utility holding company, wished to obtain a one year extension of the maturity date of its unsecured "5 1/2 % Convertible Investment Certificates" by inducing the holders thereof to assent to such extension in return for a twenty per cent payment of the principal of each certificate. The Securities and Exchange Commission sued to enjoin defendant from using the mails or other instrumentalities of interstate commerce in carrying out its plan, because defendant had not filed a declaration under section 7 of the Public Utilities Holding Company Act of 1935, in connection with the proposed extension. Held …
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Michigan Law Review
Defendant was charged with violating a statute which provided that purchasers of certain farm products for manufacture or resale should not discriminate in prices between sections and between individual sellers. The statute required the purchaser to deduct full transportation costs from the purchase price paid or to deduct the actual costs of hauling from the point of purchase to the locality of manufacture or resale. No definition of actual cost was set out. Held, two justices dissenting, the term "actual cost" was so vague and indefinite that the statute denied due process of law. State v. Northwest Poultry & …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Book Notes, Michigan Law Review
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.
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Michigan Law Review
The American Law Institute Restatement of Torts states that a person injured by a fraudulent representation can recover from the maker only if the maker desired this injured person to rely on the representation. The maker's liability is further limited to those injuries arising from transactions in which the maker desired to influence the injured person.
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Michigan Law Review
The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Michigan Law Review
It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …
Bankruptcy - Corporate Reorganization - "Good Faith" In Presenting Petitions For Reorganization Proceedings, Arthur P. Boynton
Bankruptcy - Corporate Reorganization - "Good Faith" In Presenting Petitions For Reorganization Proceedings, Arthur P. Boynton
Michigan Law Review
Reorganization proceedings for corporations are now provided for in chapter ten of the recently enacted Chandler Act, which supersedes the provisions of 77B. This legislation, designed to aid corporations which are insolvent or unable to meet their debts as they mature, is available to all commercial corporations except municipal, insurance, and banking corporations and railroad corporations authorized to file a petition under section 77 upon the proper showing. Sections 130 and 131 enumerate the necessary requirements of any petition filed for the purpose of obtaining reorganization. However, the most important prerequisite to this relief, from the standpoint of difficulty in …
International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman
International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman
Michigan Law Review
In 1917, the Provisional Government of Russia, which was recognized by the United States, had on deposit with defendant bank a large sum of money. During that year the Provisional Government was overthrown by the Soviet Government, and the bank decided to repudiate the debt, because deposits which the bank held in Russia had been confiscated to an amount exceeding that of the debt. The United States continued to recognize the Provisional Government as the de jure government of Russia until 1933. Before 1922, the bank communicated notice of the repudiation several times to Ambassador Bakhmeteff, representing the Provisional Government, …
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Michigan Law Review
Quite common in automobile policies insuring against risks of fire, theft, collision, personal liability, etc., from the use of the automobile is a provision either effecting a termination of the policy or excluding the particular loss from the coverage of the policy if or when the automobile is used to carry passengers for hire or consideration. The full purport of this type passenger clause is unfortunately too often not realized by the insured person until he is met with a loss, unforeseen and against which he believed himself to be protected. This comment, then, will attempt an analysis of the …
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Michigan Law Review
What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …
Trusts - Termination By Consent Of Beneficiaries - Who Are Beneficiaries - Acceleration Of Equitable Remainders, Richard S. Brawerman
Trusts - Termination By Consent Of Beneficiaries - Who Are Beneficiaries - Acceleration Of Equitable Remainders, Richard S. Brawerman
Michigan Law Review
It is the purpose of this comment to consider the destructibility of trusts for successive beneficiaries where the settlor has not expressed his intention with respect to the matter. It will appear that two questions are involved: First, what is the settlor's purpose for the trust? Second, who are beneficiaries?
Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr.
Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr.
Michigan Law Review
The Group Health Association, a corporation for the mutual benefit of its members, employed licensed physicians to give medical care to its members. For a lump sum consideration of $40,000 the association agreed to extend similar medical and hospital services to such employees of the Home Owners' Loan Corporation office as paid the monthly fee. In fear of quo warranto proceedings by the district attorney for illegal practice of medicine and by the superintendent of insurance for selling insurance, the association sought a declaration of its right to provide medical services in this manner. Held, a non-profit corporation through …
Corporations - Right Of The Registrant To Withdraw A Registration Statement Under The Securities Act Of 1933, Arthur A. Greene Jr.
Corporations - Right Of The Registrant To Withdraw A Registration Statement Under The Securities Act Of 1933, Arthur A. Greene Jr.
Michigan Law Review
One day after the registration statement filed by the corporation became effective, the Securities and Exchange Commission ordered a hearing to determine whether or not a stop order should be issued to suspend the effectiveness of the registration statement. Various issues of the same stock which registrant proposed to issue had been sold on the market, prior to the filing of the registration statement. During the hearings the corporation filed a motion to withdraw its registration statement. The motion was denied. The Securities and Exchange Commission applied to the district court for an order to compel obedience to its subpoena …
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Michigan Law Review
The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Michigan Law Review
Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Michigan Law Review
The Pittsburgh Athletic Club sold to sponsors the exclusive right to broadcast the home baseball games of the Pittsburgh Pirates. The sponsors contracted with the National Broadcasting Corporation for the use of two stations. Station KQV, knowing of this arrangement, posted observers on leased premises outside and overlooking the ball park and proceeded to broadcast play-by-play accounts of the games. Each admission ticket contained a stipulation that the holder was not to transmit or aid in transmitting reports of the games outside the park. The athletic club, the sponsors, and the N.B.C. jointly brought an action for an injunction against …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.