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Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp

Michigan Law Review

Plaintiff leased vacant land and erected a building thereon. At the election of the lessor the lease could be terminated upon thirty days' notice, plaintiff having the right to remove the building. Defendant issued to plaintiff a policy insuring the building against loss by fire to the extent of the cash value of the property at the time of loss, but not exceeding the repair or replacement cost, "nor in any event for more than the interest of the insured." The building was destroyed by fire and plaintiff sued to recover the full amount of the insurance. The trial court …

Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler

Michigan Law Review

In an effort to settle a nationwide steel strike the President invoked the "national emergency" provisions of the Taft-Hartley Act. Having made the requisite finding that the strike would "imperil the national health or safety," he appointed a board of inquiry to investigate the dispute. Upon receipt of the board's report the President directed the Attorney General to seek an injunction against the strike. Basing its determination largely upon the strike's hindrance of the national defense program, the district court found the strike would "imperil the national health or safety" and granted the injunction The court of appeals, affirming, rejected …

Civil Procedure - Interstate Interpleader Compact, Louis Frey

Michigan Law Review

Five states have passed the Interstate Interpleader Compact, but Senate bills aimed at obtaining the necessary congressional consent have not been reported out of committee. The compact, designed to eliminate the problem of obtaining jurisdiction over an out-of-state claimant in a state interpleader action, would remedy situations in which the stakeholder may be subject to multiple vexation or possible double liability. The most important section of the compact provides: "Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach

Michigan Law Review

A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes, which have appeared in leading law reviews since the publication of the last issue of this Review.

Taxation - Federal Income Tax - Contract Right Income To Cash Method Taxpayer Who Refused Cash Offer, Eldon Olson

Michigan Law Review

During 1951 petitioner, a cash method taxpayer, executed a mineral lease. As part of the consideration petitioner was to receive an unconditional bonus or advance royalty of fixed amount. The lessee was ready, able and willing to pay the entire amount on execution, but at petitioner's request the contract provided for a small payment on execution with one-half the balance due on January 5th of each of the next two years. About one month before each due date the contract rights were discounted at a bank of which petitioner was a director. The lessee remained ready, able and willing to …

Bills And Notes - Acceptance - Payment By Drawee Of Raised Check Precludes Recovery Under Section 62 Of The Uniform Negotiable Instruments Law, Louis A. Kwiker

Michigan Law Review

Defendant, collection bank and presenter, paid the face amount of a raised check, executed its unqualified indorsement thereon, transmitted the check through regular banking channels, and received payment from drawee bank. Upon discovery of the overpayment plaintiff, surety, reimbursed the drawee and sought recovery from the defendant. The trial court sustained defendant's demurrer. On appeal, held, affirmed. Under section 621 of the Uniform Negotiable Instruments Law, a drawee bank which pays a raised but otherwise genuine check to a non-negligent holder in due course cannot recover the amount by which the instrument was raised because payment constitutes an acceptance …

Legislation - Survey And Analysis Of Criminal And Tort Aspects Of Shoplifting Statutes, Wilbur J. Markstrom S.Ed.

Michigan Law Review

Shoplifting not only results in heavy financial losses for the merchant but also poses special problems in criminal law and general law enforcement. One such problem arises from the fact that most such thefts involve relatively small amounts, with the result that the public does not seem extremely concerned about the matter when an individual case comes up for prosecution. Another peculiar difficulty is that perhaps more than any other single crime shoplifting is an offense committed by amateurs, both adult and juvenile. This serves to make both detection and prosecution difficult. Finally, the right of the individual to be …

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed.

Michigan Law Review

It is the function of this comment to examine the traditional scope and limitations of congressional investigations, with particular emphasis on these two cases.

Banks And Banking - Bank's Right Of Set-Off-Deposit Of Funds By A Fiduciary, James Blanchard

Michigan Law Review

Plaintiff employed A as agent to sell plaintiff's tractor. A was to keep any amount received over $5,000. A sold the tractor, receiving a $6,120 check from the purchaser payable to A. A deposited the check in his personal checking account in defendant bank. Defendant took the deposit without knowledge of plaintiff's interests and applied it against a past due obligation of A. Plaintiff brought suit for $4,500, the amount of checks from A to plaintiff which defendant refused to pay. The trial court held for defendant. On writ of error, held, reversed, two judges dissenting. No equity …

Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke

Michigan Law Review

Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …

Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.

Michigan Law Review

The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.

Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson

Michigan Law Review

In October 1957 Switzerland, on behalf of the holding company now commonly known as Interhandel, addressed an application against the United States to the International Court of Justice (I.C.J.). Claiming I.C.J. jurisdiction by reason of the United States adherence to article 36 (2) of the Statute of the Court, Switzerland's submissions were essentially that the United States was under an obligation (1) to restore to Interhandel assets of the General Aniline and Film Corp which had been seized in 1942 pursuant to the Trading with the Enemy Act, and, as an alternative, (2) to submit the dispute to arbitration. The …

Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones

Michigan Law Review

Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.

Brown: Legal Education At Michigan. 1859-1959, Louis Quarles

Michigan Law Review

A Review of Legal Education at Michigan. 1859-1959. By Elizabeth Gaspar Brown, in consultation with William Wirt Blume

Ehrenzweig: Conflict Of Laws Part One Jurisdiction And Judgments, Charles D. Kelso

Michigan Law Review

A Review of Conflict of Laws Part One Jurisdiction and Judgments. By Albert A. Ehrenzweig

Unfair Trade Practices- Robinson-Patman Act - "Per Se" Nature Of Section 2(E), Charles R. Sharp S.Ed.

Michigan Law Review

The Federal Trade Commission, finding that a manufacturer and seller of dress patterns discriminated between competing purchasers in violation of section 2 (e) of the Clayton Act, as amended by the Robinson-Patman Act, by paying transportation costs and donating storage cabinets and monthly catalogues to its large variety store customers while charging its smaller fabric store customers for the same services and facilities, issued a cease and desist order against these practices. The commission held that neither the absence of competitive injury nor the presence of cost justification are available as defenses to section 2 (e). On petition for review, …

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Probate And Administration On The American Frontier: A Study Of The Probate Records Of Wayne County- Northwest Territory 1796-1803; Indiana Territory 1803-1805; Michigan Territory 1805-1816, William Wirt Blume

Michigan Law Review

As late as 1815 there was only one county in Michigan Territory- Wayne County- made up of parts of the territory to which the Indian titles had been extinguished. As other counties were organized beginning in 1817, Wayne County was reduced to its present size. A law adopted July 27, 1818, provided that a probate court should be held in each county. By a proclamation dated October 2, 1818, Acting Governor Woodbridge declared it was "no longer expedient to continue the present subdivisions of this territory into districts" for probate purposes; instead, each county should be "a separate District and …

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel

Michigan Law Review

Plaintiff, a member of the crew of a fishing vessel, sustained injuries while disembarking when he slipped on a slimy substance on the ship railing. In an action brought against the shipowner, the seaman sought recovery on three alternative grounds: first, under the Jones Act based upon negligence; second, under general maritime law based upon the obligation of the shipowner to furnish a seaworthy vessel; third, under general maritime law for maintenance and cure. Judgment was entered pursuant to a verdict limiting the seaman to recovery for maintenance and cure. On the seaman's appeal from the adverse verdict on the …

Administrative Law - Procedure - Consideration Of Initial Rate In Natural Gas Act Sale Certification, Robert Jillson

Michigan Law Review

In a Natural Gas Act sale certification proceeding the Federal Power Commission twice refused to issue an unconditional certificate, finding public convenience and necessity unproved because the unprecedented initial contract rate was not "shown to be in the public interest." Applicants declined to present evidence of the reasonableness of the initial contract rate. A commission proposal to certify at a lower rate, with increase to the contract price after twenty-four hours of delivery but under the public protection provisions of section 4 of the act, was refused. After being informed that the applicants would not dedicate the gas to the …

Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.

Michigan Law Review

The trustee of a trust created prior to the 1957 enactment of the Uniform Principal and Income Act petitioned for instructions as to whether a stock dividend received by it subsequent to the passage of the act should be allocated to principal or income. The Uniform Act provides a rule for the treatment of stock dividends contrary to the judicial rule previously adopted in Wisconsin, and is expressly made applicable to trusts existing on its date of enactment. The county court, finding the act could not be constitutionally applied to trusts created prior to its enactment, ordered the allocation of …

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr.

Michigan Law Review

Illinois is greatly indebted to Edson R. Sunderland for the effective and enduring contributions which he made to the Civil Practice Act of 1933. That reform was encouraged in no small degree by his speeches and writings. He served as its principal draftsman. His suggestions were of much assistance to the bench and bar of the state in modifying and implementing the original draft so that the measure could be successfully put into operation. Regulation of details of practice by rules of court, which was a primary feature of Professor Sunderland's draft and one which he helped defend against attack, …