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Michigan Law Review

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Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review Jun 1940

Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review

Michigan Law Review

The treasurer of a village, acting under the direction of the board of supervisors, deposited the village funds in a certain bank. The village treasurer was the managing officer of this bank. A public official's bond was given to cover his specific term beginning May 5, 1931, and ending May 5, 1932. The bond included a provision exempting the surety from liability for loss by reason of bank failure. A state statute spelled out the obligations of the principal and surety in an official bond without making provisions for any exemptions. At the close of the term of office on …


Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review Jun 1940

Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review

Michigan Law Review

The Pennsylvania Public Utility Commission, by order of March 15, 1938, required appellant, the Bell Telephone Company of Pennsylvania, to reduce its intrastate toll rates for distances exceeding thirty-six miles so as to conform to rates charged by the American Telephone and Telegraph Company for comparable distances for interstate services. After full hearing the commission based its order upon .findings that the interstate American Company offered at substantially lower rates the very same service, with identical facilities, accorded by its intrastate subsidiary, plus the additional service furnished by a connecting company, and that hence the higher intrastate rates constituted an …


Trade Restraints - Due Process - Interference With Liberty To Fix Sale Price Of Gasoline, Michigan Law Review Jun 1940

Trade Restraints - Due Process - Interference With Liberty To Fix Sale Price Of Gasoline, Michigan Law Review

Michigan Law Review

In 1925 the state of Iowa enacted a statute requiring all distributors of gasoline in the state, wholesale or retail, to post in plain sight the price at which they intended to sell their gasoline, setting out all taxes thereon. They were then bound to sell at this price to all buyers. Defendant was such a dealer, and although he posted the price, he failed to abide by it as to all sales and was charged with violating the statute. The lower court sustained defendant's demurrers, holding the statute unconstitutional as a denial of due process and equal protection of …


Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin Jun 1940

Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin

Michigan Law Review

Defendant operated an independent gasoline station. He gave to each cash customer purchasing five gallons of gasoline at the generally prevailing prices a drinking glass worth less than five cents. For this act he was charged with violating a statute prohibiting the giving away of any commodity for the purpose of promoting the sale of any other commodity. Defendant moved that the information be quashed and a verdict be directed of not guilty on the ground that the statute was unconstitutional. From an order denying the motion and finding him guilty, defendant appeals. Held, that the giving of a …


Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent Jun 1940

Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent

Michigan Law Review

Plaintiff sued for treble damages under the Anti-Trust Act, alleging that the defendants had conspired and combined to drive him out of the securities business. Plaintiff alleged that to accomplish their purpose the defendants published statements as to plaintiff's "criminal record." The facts are not clear, but it appears from the report that the crimes in question were committed twenty years previously, during plaintiff's youth. The trial court instructed the jury that "if that information was true [as to plaintiff's criminal record], the Better Business Bureau, regardless of its purpose in disseminating the information, would not be liable, is not …


Monthly Periodical Index, Michigan Law Review Jun 1940

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 Jun 1940

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.


The Proposed Four-Year Law Curriculum: A Dissenting Opinion, Philip Mechem May 1940

The Proposed Four-Year Law Curriculum: A Dissenting Opinion, Philip Mechem

Michigan Law Review

A conspicuous and very wholesome manifestation today in legal education is dissatisfaction with legal education. With education in general for that matter. Doubtless the dissatisfaction begins with the general and extends to the particular. The law teacher, that is, observes that the college graduate who comes to him can barely read and write the English language, is scarcely aware that there are any other languages, is wholly devoid of intellectual curiosity, wholly untrained in hard thinking, wholly uninformed about and uninterested in the ideas which make for or against civilization. It makes the law teacher think there must be something …


Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering May 1940

Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering

Michigan Law Review

Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …


Monthly Periodical Index, Michigan Law Review May 1940

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.


Another New Tort?, Paul A. Leidy May 1940

Another New Tort?, Paul A. Leidy

Michigan Law Review

During the past two years there have come suggestions of at least two new torts: intentional infliction of mental suffering, and radio defamation. The ease with which the decision in Baxter v. Ford Motor Company has caught on, especially with legal scholars and with at least one American court, suggests that we may soon have to add a third. This one, however, will be more difficult to label, for the writers who applaud the result seem to be in almost complete disagreement as to the principle of the case; there are already several explanations and justifications for the liability imposed …


The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey May 1940

The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey

Michigan Law Review

'There ought to be a law!" So declared labor and its friends in the early days of the New Deal, and the Wagner Act and "little" Wagner acts (the "labor relations acts") were the legislative response. Now, some five years later, with Utopia in labor relations not yet at hand, the hue and cry goes up for still more law, both state and federal. In part this is the typical American reaction to particular irritations and assumes with the usual naiveté that there is a single legislative specific for every isolated ailment. In part it is the equally typical reaction …


Federal Estate And Gift Tax: Concept Of A Transfer, Henry J. Merry May 1940

Federal Estate And Gift Tax: Concept Of A Transfer, Henry J. Merry

Michigan Law Review

The first of the "modern" federal death tax laws, enacted in 1916 "imposed upon the transfer of the net estate of every decedent" a tax measured essentially by the net value of certain property interests at the time of his death. The tax was upheld as an indirect tax or excise upon the privilege of transmitting property at death and its fundamental nature has never been changed. There has been, however, an almost continuous controversy as to the property interests which may and should be included in the basic measure of the tax-the gross estate--and the present law embodies numerous …


Corporations - Jurisdiction - Foreign Corporations And Venue In The Federal Courts - Consent To Be Sued, Theodore R. Vogt May 1940

Corporations - Jurisdiction - Foreign Corporations And Venue In The Federal Courts - Consent To Be Sued, Theodore R. Vogt

Michigan Law Review

In the long history of the struggle to hold foreign corporations subject to suit at the place of their business activity/ another chapter was written when the Supreme Court decided Neirbo Company v. Bethlehem Shipbuilding Corp., Ltd., hereinafter referred to as the Neirbo case. In that case the plaintiffs, who were citizens and residents of New Jersey, had brought an action in the United States District Court for the Southern District of New York and had sought and obtained the addition, as a party defendant, of Bethlehem, a Delaware corporation. Since, as between plaintiffs and Bethlehem, the suit had …


Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen May 1940

Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen

Michigan Law Review

Under the press of modern concepts of responsibility of business units it becomes necessary to re-examine the relation between the corner filling station and the big oil company that uses it as a means of getting its products before the consuming public. The factual situation is usually this: the operator may own the station, or may lease it from the oil company; the oil company invariably owns the equipment, such as gas pumps, tanks, and tank trucks, which it leases to the operator; by a sales contract the operator binds himself to sell only the petroleum products of the oil …


Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers May 1940

Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers

Michigan Law Review

Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the …


Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer May 1940

Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer

Michigan Law Review

Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …


Taxation - Jurisdiction - Classification Of Property As Tangible Or Intangible, John L. Rubsam May 1940

Taxation - Jurisdiction - Classification Of Property As Tangible Or Intangible, John L. Rubsam

Michigan Law Review

Respondent's decedent died testate in 1936 and was at the time of his death a resident of and domiciled in Oregon. In earlier years when he resided in Wisconsin he placed various stocks, bonds and other intangibles in the possession of an Illinois trust company, which acted as his agent in collecting and investing the principal and income on these securities. These securities were always physically present in Illinois, never in Oregon. About six months before his death respondent's decedent directed the trust company to sell some of his bonds and purchase $450,000 worth of federal irrevocable trust for the …


Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer May 1940

Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer

Michigan Law Review

The state of Texas levied an annual franchise tax on all corporations, both foreign and domestic, authorized to do business within the state. The tax was assessed on the basis of the amount of the total capital stock which was allocable to Texas, the allocation being based on the proportion that Texas gross receipts bore to total gross receipts. This formula, as applied to the Ford Motor Company, gave the statutory base of $23,000,000 on which Ford paid the tax under protest. The evidence showed that the Ford Motor Company had only an assembly plant in Texas worth $3,000,000, that …


Book Notes, Michigan Law Review May 1940

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.


The Codification Of The French Customs, John P. Dawson Apr 1940

The Codification Of The French Customs, John P. Dawson

Michigan Law Review

A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …


Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland Apr 1940

Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland

Michigan Law Review

The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …


Trusts - Investments - Participation Mortgages - Common Trust Funds, William F. Andersen Apr 1940

Trusts - Investments - Participation Mortgages - Common Trust Funds, William F. Andersen

Michigan Law Review

A corporate trustee had operated a trust estate described by the court as "a joint trust fund." Mortgage investments were made in the name of the trustee and the individual estates were issued participation certificates. While not appearing on the public records, the trustee's files disclosed the interests of the beneficiaries. Because of the world-wide depression, losses were suffered and the beneficiaries of one such trust sought to surcharge the trustee for those losses. The trustee had acted in good faith and in accordance with accepted trust practices. Held, that this did not constitute a breach of trust, and …


Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell Apr 1940

Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell

Michigan Law Review

The recent cases of Avery v. Alabama and Chambers v. Florida raise the interesting question of the conclusiveness of a fact finding of a state court upon the United States Supreme Court in a criminal trial when the accused claims that one of his constitutional rights has been impaired, and the holding of the state court is to the effect that on the facts presented such right has not been impaired. The case may arise in the United States Supreme Court in either of two ways. It may come up on appeal from a lower federal court denying a petition …


Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein Apr 1940

Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein

Michigan Law Review

Since 1710 the courts of the Anglo-American juridical system have been seeking a solution to the problem of the existence of degrees of secondary evidence. Those courts which have determined that there are degrees have been confronted with the second problem concerning the circumstances under which the secondary evidence rule will actually preclude the admission of the evidence offered. In the majority of decisions the courts have relied on precedent, or on statements of text writers, stripped of their context, and have failed to. seek the solution in terms of the purposes for which rules of evidence have been devised. …


Taxation - Income Tax - Liability Of Settlors Of Irrevocable Short Term Trusts, Robert M. Warren Apr 1940

Taxation - Income Tax - Liability Of Settlors Of Irrevocable Short Term Trusts, Robert M. Warren

Michigan Law Review

In a recent significant decision the Supreme Court of the United States has declared that, under certain circumstances, income from irrevocable short-term trusts may be taxed to the settlor. This conclusion is contrary to the previously accepted notion that there was no authority for such a tax under existing provisions of the Revenue Act. In the light of this and other recent decisions the matter of taxation of income from short-term trusts assumes renewed significance.


Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review Apr 1940

Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review

Michigan Law Review

The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …


Corporations - Reorganization - Effect Of Forfeiture Of Charter, Edward S. Biggar Apr 1940

Corporations - Reorganization - Effect Of Forfeiture Of Charter, Edward S. Biggar

Michigan Law Review

The charter of a Michigan corporation was forfeited for nonpayment of franchise fees. The statute provided conditions upon the fulfillment of which a forfeited charter might be reinstated. Without fulfilling the conditions and after the expiration of the statutory period during which it was allowed to continue in existence for the purpose of winding up its affairs, the corporation petitioned for reorganization under the Bankruptcy Act. Held, that the petitioner had no corporate existence under the laws of Michigan, and that, therefore, it could not invoke the jurisdiction of the federal bankruptcy court. In re Columbia Hotel Co. of …


Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review Apr 1940

Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review

Michigan Law Review

Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …


Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review Apr 1940

Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review

Michigan Law Review

Plaintiff was employed by the board of overseers of defendant city to supervise obtaining employment for recipients of welfare relief, thus relieving the city of the expense of providing for them. The powers of the board were restricted by an ordinance which provided that before any increase should be made in the number of subordinates, a report thereof would be sent to the mayor for his approval. It appeared that the original employment of the plaintiff was in violation of this provision, although the mayor subsequently approved it up to April 5, 1936, when plaintiff's civil service appointment expired. Plaintiff …