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Articles 6661 - 6690 of 8432
Full-Text Articles in Entire DC Network
Trusts-Executors As Trustees-Existence Of A Res Sufficient To Constitute A Trust
Trusts-Executors As Trustees-Existence Of A Res Sufficient To Constitute A Trust
Michigan Law Review
Testator provided in his will that $35,000 of the estate be set aside in trust for the life of his widow. E, executor of the estate, being named trustee, posted bond, and, while heavily indebted to the estate, attempted to transfer the trust fund to himself as trustee from himself as executor by means of a check upon the estate payable to himself as trustee, which he endorsed and deposited to the credit of his own personal account in the same bank upon which it was drawn. The probate court, treating the check as a valid segregation of the …
Retail Responsibility And Judicial Law Making, John Barker Waite
Retail Responsibility And Judicial Law Making, John Barker Waite
Michigan Law Review
When the corner grocer sells a can of beans and a peck of fresh spinach, does he make himself responsible for the contents of the can, or acquire liability because of a green worm buried deep in the leaves?
Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration
Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration
Michigan Law Review
In an action on a promissory note the plaintiff claimed, as a holder in due course, to be free from the defense of failure of consideration. When the plaintiff acquired the note it was physically attached to a conditional sales contract by the terms of which the payee was to furnish the maker with an oil burner which in truth was never furnished, this being the claimed failure of consideration. Breach of the sales contract apparently took place after the plaintiff acquired the note. Held, plaintiff, having knowledge of the terms of the contract, was not a holder in …
Corporations-Disregard Of Separate Entities-Subsidiary Corporation An Instrumentality Of The Parent
Corporations-Disregard Of Separate Entities-Subsidiary Corporation An Instrumentality Of The Parent
Michigan Law Review
Defendant corporation had an excess of assets over liabilities, but its ratio of current assets to current liabilities had declined below the then normal banking credit requirement of two to one. In order to avoid acknowledgment of commercial insolvency due to inability to meet obligations maturing in the near future, defendant organized a subsidiary corporation to take over the sales end of the enterprise, transferring to the subsidiary sufficient current assets to give it the required banking ratio with regard to the liabilities assumed by the subsidiary consisting of bank obligations and some of the current bills payable of the …
Future Interests - Effect Of Eminent Domain Proceedings
Future Interests - Effect Of Eminent Domain Proceedings
Michigan Law Review
This study is concerned with the effect of condemnation proceedings upon future interests. The problems which arise are chiefly whether the owner of a future interest has such an interest in land as to be awarded a share of the fund given as compensation for the land, and if he does have such an interest as to be awarded a share, how it will be determined or apportioned to him and at what time. The first part of the study is a consideration of the question: what types of future interests are compensable? The second part involves an examination of …
Sales - Status Of Title-Retaining Instruments As Against Third Persons
Sales - Status Of Title-Retaining Instruments As Against Third Persons
Michigan Law Review
The exploitation of the legal concept of divided property interests in chattels by ingenious draftsman-lawyers has resulted in the variety of title-retaining instruments commonly used today in the creation of vendor-vendee relationships. Among the more familiar forms may be mentioned the conditional sale, bailment lease, chattel mortgage, and trust receipt. The chief motive of the seller in resorting to these devices seems to lie in the belief that the buyer is a poor credit risk, and the particular instrument which a seller will employ in a given situation will depend largely upon the relative legal advantages which he seeks to …
Equity-Patent Infringement-Advantages Of Declaratory Judgment Over Injuction Relief
Equity-Patent Infringement-Advantages Of Declaratory Judgment Over Injuction Relief
Michigan Law Review
Defendant had patented a certain seam used in garment-making and also the means for manufacturing it. Plaintiff claimed that this patent was void because anticipated by his own practice. Under this claim plaintiff continued to manufacture the type of seam in question and to sell garments in which it was used. Defendant thereupon sent notices both to plaintiff and to his customers threatening suit for infringement. Plaintiff sought a decree under the Declaratory Judgment Act to determine whether the patent was valid. Defendant moved to dismiss the action. Held, motion denied; a declaratory judgment is an appropriate proceeding for …
Sales-Corporate Reorganization Proceedings Under Section 77b-Right Of Conditional Vendors To Reclaim Property
Michigan Law Review
The debtor, a laundry corporation, had filed a petition for reorganization under Section 77B of the Bankruptcy Act. The petition was granted, but prior to the approval by the court of a reorganization plan several conditional vendors (whose sales agreements had been filed according to the requirement of the New York law) moved to retake the articles sold, in accordance with said law relative to conditional sales, the debtor having defaulted in the agreed payments. Held, the conditional vendors were not lienors nor mortgagees, whose interests would have been covered by the reorganization petition; and since the chattels were …
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.
What Should The American Law Institute Do?, Hessel E. Yntema
What Should The American Law Institute Do?, Hessel E. Yntema
Michigan Law Review
It will generally be agreed, I believe, that the creation of the American Law Institute in 1923 was one of the most hopeful events in the recent legal history of this country. The plan for the Institute, as formulated in the impressive report which motivated its establishment, was well-conceived, broad-visioned, and based upon a comprehensive analysis of the chief defects in the legal system of the United States. This plan was significant in at least three important respects. In the first place, it defined an ambitious and, in some respects, a unique task for the Institute to accomplish; the report …
Constitutional Law-Martial Law-Suspension Of The Law
Constitutional Law-Martial Law-Suspension Of The Law
Michigan Law Review
Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …
Eminent Domain-Validity Of State Statute
Eminent Domain-Validity Of State Statute
Michigan Law Review
As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …
Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement
Michigan Law Review
L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …
Taxation-Federal Income Tax-Taxation To Settlor Of Income From Trust Established To Discharge A Legal Obligation
Michigan Law Review
Shortly before the entering of a decree of absolute divorce in favor of his wife, a husband agreed to transfer securities in trust for the wife's benefit in lieu of alimony and all other claims. The divorce decree incorporated the trust agreement. On certiorari to the Circuit Court of Appeals for the Eighth Circuit, which had sustained a tax against the settlor on the income of the trust estate on the ground that it discharged a legal obligation, the Supreme Court of the United States affirmed the judgment. After disposing of the argument that the trust was entirely voluntary since …
Constitutional Law-Due Process-Fair Trade Acts
Constitutional Law-Due Process-Fair Trade Acts
Michigan Law Review
The recent decision of the New York Court of Appeals in Doubleday, Doran & Co. v. R. H. Macy & Co., holding unconstitutional section two of the New York Fair Trade Act, presents another interesting aspect of the long struggle by manufacturers of widely known trade-marked articles to secure some adequate protection for themselves and the public against the destructive practice of retail price cutting.
Corporations-Voting Trusts-Public Policy
Corporations-Voting Trusts-Public Policy
Michigan Law Review
Owning practically all the stock in two corporations, the decedent by will divided his holdings equally among his six children. To perpetuate the control of two sons who had been in active management for ten or twelve years, the other children transferred their stock in trust to the two sons to hold during the lives of these two or the life of the survivor, to vote, and to collect and pay over dividends. In an action by beneficiaries representing one-third of the stock to have the trust instruments declared void, the court held that the trust was not against public …
Taxation - Estate Taxation Of Property Of Citizens Located Abroad
Taxation - Estate Taxation Of Property Of Citizens Located Abroad
Michigan Law Review
An American citizen and resident died while temporarily in England leaving property in the United States, which was disposed of by an American will, and property consisting of tangible and intangible personalty in EngIand, which was disposed of by an English will. The executors of the English will paid the English death duties. The United States claimed that the English property should be included in the whole estate subject to the United States estate tax; this the executors of the American will denied, claiming that the United States had no jurisdiction to tax this property. Held, that the language …
Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies
Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies
Michigan Law Review
Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant …
Administrative Tribunals - Distinction In Legal Effect Between Legislative And Quasi-Judicial Orders Of The Interstate Commerce Commission
Michigan Law Review
The legal effect of orders of the Interstate Commerce Commission involves questions upon which there has been much dictum and considerable confusion of the issues. The result has been a body of law which, if not carefully explored, may prove to be a trap for the unwary. In the past few years, however, it is apparent that the courts are making more definite pronouncements which are more clearly pointing the way to distinguishing the various possible issues. The confusion unquestionably results from the heterogeneous nature of the functions performed by the Commission. A typical example is the rate-making function. It …
Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product
Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product
Michigan Law Review
The plaintiff, an exclusive licensee under certain patents, manufactures the "Purolator" oil filter. The A. C. Filter produced by the defendant was adjudged to be an infringement of plaintiff's patent rights and a permanent injunction was granted. Defendant then changed the internal construction of its oil filter without changing the shape, color, marking or appearance and thereafter sold the changed device representing that it was the same as the earlier infringing one. From a decree of the lower court dismissing plaintiff's bill alleging unfair competition, plaintiff appealed. Held, injunction granted restraining defendant from falsely representing the filter it is …
Contracts - Fraud - Waiver Of Deceit Action By Continued Performance
Contracts - Fraud - Waiver Of Deceit Action By Continued Performance
Michigan Law Review
Legal protection in contracts induced by fraud is subject to the important qualification that continued performance after discovery of the fraud may result in a "waiver" of the damage remedy for deceit. This doctrine, well established in modern law, is not based on any supposed inconsistency between continued performance and damages for deceit. Both continued performance and the deceit remedy are predicated upon the theory of affirmance of the contract, and no election between them is required. Nor is the doctrine of "waiver" of damages in deceit to be confused with the totally different rule that continued acceptance of the …
Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit
Michigan Law Review
The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Michigan Law Review
To avail itself of the remedial provisions of the National Bankruptcy Act as amended by section 80, the Imperial Irrigation District, a taxing district within the State of California, filed a petition for the readjustment of its debts. Pursuant to the requirements of section 80 the petition alleged that the District was unable to meet its debts and that a plan of readjustment had been accepted by 87.31 per cent of the creditors. Contestants, owners of petitioners' bonds, intervened. Held, section 80 of the National Bankruptcy Act as applied to the readjustment of the debts of an irrigation district …
Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust
Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust
Michigan Law Review
The former husband of the principal defendant created a trust for her benefit with a clause restraining alienation and barring attachment by creditors. Plaintiff, holding a judgment against the cestui que trust, brought a creditor's bill in equity against the trustee and cestui. Held, creditor's bill dismissed, but the exemption of cestui's interest from the claims of creditors was invalid, and plaintiff might recover by amending and bringing an action at law with trustee process. Brahmey v. Rollins, (N. H. 1935) 179 A. 186.
Taxation-Right Of Federal Taxpayer To Question Validity Of A Federal Tax-Effect Of Section 3224 Of The United States Revised Statutes
Michigan Law Review
Quite apart from the merits of the controversy, the recent decision of the Supreme Court in the Hoosac Mills case presented the interesting problem of the taxpayer's standing in court to question the validity of a federal tax. The problem is really twofold. First, may the taxpayer enjoin the collection of the tax? Second, assuming that he may not, what steps must he take before he can get a refund of the amount that he has paid?
Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries
Michigan Law Review
Plaintiff, a South American corporation, brought suit to recover on bearer bonds of a Finland corporation sold to plaintiff in New York. The bonds contained the stipulation that they were to be paid "in gold coin of the United States of America of the standard of weight and fineness as it existed on July 1, 1924." Both the principal and interest on these bonds were payable in New York. Held, the Congressional Joint Resolution declaring gold clauses in obligations to be against public policy and providing for discharging such obligations on payment, dollar for dollar, of legal tender coin, …
Taxation-State Tax On Shares Of National Bank-Preferred Shares Held By Reconstruction Finance Corporation
Michigan Law Review
The Reconstruction Finance Corporation owned the entire issue of preferred stock of plaintiff bank The state statute putting a tax on stock of national banks was amended to allow the bank to be taxed directly and pass the tax on to its shareholders. A federal statute permitted states to tax, subject to certain limitations, all shares of national banking associations whose principal place of business was within the state. In a proceeding by the bank for the benefit of the Reconstruction Finance Corporation as well as itself to protest the collection of the tax, it was held that the shares …
Contracts - Rewards -Apportionment Among Claimants Acting Severally
Contracts - Rewards -Apportionment Among Claimants Acting Severally
Michigan Law Review
When a reward has been offered for the apprehension of a criminal, arrest is frequently effected by the combined efforts of persons acting independently of each other. Action among the captors is necessarily independent when apprehension depends upon the contribution of bits of information in the possession of persons who are scattered over a wide area and who have no acquaintance with each other. Furthermore, in the nature of things information is apt to be scattered because a criminal attempting to cover his escape will leave only a few tell-tale clues along the path of his flight. When arrest has …
Corporations-Amendment Of Corporate Charters-Power Of The Legislature To Authorize Changes In Intracorporate Affairs
Michigan Law Review
In 1819, in the leading Dartmouth College case, Justice Story suggested that a state might easily retain control over its corporations by the simple expedient of reserving the power to alter, amend, or repeal the charter. The states were quick to accept the suggestion, but the real extent of this reserved power has never been definitely ascertained. A minority of the state courts, led by New Jersey, have held that this reserved power extends only over the contract between the state and the corporation; whereas a great majority have adopted the view that it extends over the contract between the …
Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases
Michigan Law Review
A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …