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Michigan Law Review

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Banks And Banking -Sending Items Directly For Collection - Liability For Accepting A Draft In Payment Feb 1932

Banks And Banking -Sending Items Directly For Collection - Liability For Accepting A Draft In Payment

Michigan Law Review

The plaintiff deposited two checks, drawn on the X bank, with the A bank, a member of the B Federal Reserve Bank. The A bank sent the items for collection directly to the defendant Federal Reserve Bank of Minneapolis, which forwarded them directly to the X bank. After marking the checks paid, the X bank remitted to the defendant its draft on the Y bank. The draft was dishonored because of the intervening insolvency of the X bank; and the checks were accordingly charged back by the defendant to the B bank ( of which the A bank was a …

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Crimes-Larceny-By Wife From Husband Feb 1932

Crimes-Larceny-By Wife From Husband

Michigan Law Review

A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).

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Federal Practice - Appeal And Error - Harmless Error Feb 1932

Federal Practice - Appeal And Error - Harmless Error

Michigan Law Review

Plaintiff in error was convicted of illegally transporting intoxicating liquor. Federal officers were permitted to testify over defendant's objection: (1) that they found intoxicating liquor in defendant's automobile parked in his farm-yard; (2) that the radiator of the car was heated as if it had been recently used; (3) that they had followed defendant's car on the highway and into his farm-yard; (4) and that the defendant had admitted to them that he had driven the car. Defendant admitted on the witness stand that he owned both the liquor and the automobile, but denied that the automobile had been used …

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Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38 Feb 1932

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …

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Federal Practice - Jury - Motion To Quash Panel - Summons Accompanied By Questionnaire Feb 1932

Federal Practice - Jury - Motion To Quash Panel - Summons Accompanied By Questionnaire

Michigan Law Review

Gideon was convicted in the district court of conspiracy to violate the National Prohibition Act. Along with the summons to the prospective jurors, the clerk sent out a questionnaire calling for information as to business or occupation, period of residence, age, whether married or single, number of children, religious faith, views on prohibition, and prior jury service. It purported to be for jury records but was not authorized by statute. Held, a failure to sustain the motion to quash the panel was reversible error. Gideon v. United States (C. C. A. 8th, 1931) 52 F.(2d) 427.

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Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat Feb 1932

Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat

Michigan Law Review

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …

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Taxation - Jurisdiction To Tax Intangibles Of Nonresident Decedents - Corporate Stock Feb 1932

Taxation - Jurisdiction To Tax Intangibles Of Nonresident Decedents - Corporate Stock

Michigan Law Review

The decedent, a resident of Massachusetts, died in 1924 owning a large block of stock in a Maine corporation. After Massachusetts had already collected an inheritance tax assessed against these shares, the Maine tax authorities levied a similar tax, basing their claim on the fact of incorporation under Maine law. The state supreme court, 130 Me. 123, 154 Atl. 103 (1931), held that such shares were within the jurisdiction for taxing purposes even though their owner was a nonresident decedent. An appeal was taken to the United States Supreme Court. Held, the rule in Farmers' Loan & Trust Co. …

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Book Notes And Notices Feb 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.

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Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens Feb 1932

Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens

Michigan Law Review

In these days of frequent travel and of corporations doing business in many states, a plaintiff with a transitory cause of action often can get personal service on defendant in more than one jurisdiction. This privilege may be abused, and to meet such abuse a plea of forum non conveniens is proper, the substance of which, as its name implies, is that the forum is not appropriate for the trial of the suit. Where either of the parties is a resident, or where the cause of action arose within the jurisdiction, the forum will usually be as appropriate as any, …

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Legislation - Old Age Pensions Jan 1932

Legislation - Old Age Pensions

Michigan Law Review

Out of our changing social theories has grown modern social legislation. The tendency is nowhere better illustrated than in the development of legislation for the care of aged persons. During the last decade great strides have been made in enacting such legislation, and the present year has seen increased activity, leading to the passage of old age pension laws in five states and to numerous other legislative accomplishments.

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Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages Jan 1932

Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages

Michigan Law Review

A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …

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Trusts -Tracing Of Assets - Preference Jan 1932

Trusts -Tracing Of Assets - Preference

Michigan Law Review

In State ex rel Sorenson v. Farmers' State Bank of Polk (Lindquist, Intervenor) the beneficiary of a trust fund converted by the bank, subsequently becoming insolvent, was allowed to resort to equity and recover the trust fund as a preferred claim against the general assets of the bank. The beneficiary deposited a promissory note in the sum of $4,500 in the bank for a special purpose and the bank, without authority, indistinguishably mingled the proceeds of this note with the general mass of bank assets. The amount of actual cash on hand when the insolvent bank was taken over by …

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Taxation - Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death Jan 1932

Taxation - Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death

Michigan Law Review

Motion for a refund by the plaintiff on the ground that certain transfers made within two years of the death of the decedent should not have been subjected to the federal estate tax as they were not in fact made in contemplation of death. The defendant filed a statutory demurrer on the ground that section 302 of the Revenue Act as amended in 1926 (26 U. S. C. A. sec. 1049C) renders such property taxable irrespective of what impelled the transfer. The section reads, "Where within two years prior to his death and without consideration the decedent has made a …

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Municipal Corporations - Governmental Function - Liability For Nuisance Jan 1932

Municipal Corporations - Governmental Function - Liability For Nuisance

Michigan Law Review

Plaintiff was injured at a municipal bathing beach as the result of a dive from a spring board into shallow water. Held, that while the city was not liable for the negligent performance of a governmental function, the jury would be justified in finding that the diving board, as erected, constituted a nuisance, and that the defendant city would be liable, on that ground, for personal injuries sustained by the plaintiff. Hoffman v. City of Bristol, 113 Conn. 386, 155 Atl. 499 (1931).

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Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss Jan 1932

Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

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Foreign Diplomats And The Prohibition Laws, Lawrence Preuss Jan 1932

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

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Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant Jan 1932

Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant

Michigan Law Review

A tenant who enters under a valid lease can, if he denies his landlord's title, and holds openly, notoriously, and adversely to him for the statutory period, acquire title by adverse possession. But suppose the tenant enters under a void lease and holds for the statutory period, claiming merely under the lease. It seems that there are three possible views as to the legal effect of his holding.

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Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court Jan 1932

Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court

Michigan Law Review

The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).

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Conflict Of Laws - Contracts - Public Policy Jan 1932

Conflict Of Laws - Contracts - Public Policy

Michigan Law Review

The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …

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Torts -Attractive Nuisance - Natural Hazards Jan 1932

Torts -Attractive Nuisance - Natural Hazards

Michigan Law Review

The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …

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Torts - Fraud - Spoliation Of Will Jan 1932

Torts - Fraud - Spoliation Of Will

Michigan Law Review

In a suit in tort for damages, plaintiff alleged that defendant, heir-at-law of the decedent, suppressed a genuine will under which the plaintiff was devisee, and forged and fraudulently probated a will which did not contain the devise to the plaintiff who remained in ignorance of both the fraud and the existence of the genuine will for more than twenty years. The defendant demurred. Held, that the plaintiff has a cause of action in tort. Morton v. Pettit, 38 Ohio App. 348, 176 N.E. 494 (1930), aff'd., (Ohio 1931) 177 N.E. 591.

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Book Notes And Notices Jan 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.

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Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp Dec 1931

Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp

Michigan Law Review

A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …

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Decency At The Bar Dec 1931

Decency At The Bar

Michigan Law Review

One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …

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Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington Dec 1931

Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington

Michigan Law Review

In some jurisdictions, where some equivalent to the seventh section of the English Statute of Frauds has not been enacted, an oral trust of land is enforceable. In others, it is held that the provisions requiring a writing in the case of conveyances of and contracts concerning interests in land forbid oral trusts of land. It is clear, however, that when the statute of frauds in force contains a provision requiring express trusts to be created or evidenced by writing, an oral agreement between grantor and grantee that the property conveyed should be held in trust can not be enforced …

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Crimes-Withdrawal Of A Plea Of Guilty Dec 1931

Crimes-Withdrawal Of A Plea Of Guilty

Michigan Law Review

Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …

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Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel Dec 1931

Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel

Michigan Law Review

The New York Court of Appeals has re-emphasized some well-established principles of divorce jurisdiction in the recent case of Fischer v. Fischer. In a suit involving the validity of a second marriage, W proved a Nevada divorce from her first husband, a citizen of New York, who had been served in New York but had not appeared to defend the litigation. The court denied recognition to the Nevada decree because W's residence in Nevada, while it conformed with the statutory requirements of that forum, was proved to have been acquired solely for the purpose of securing a divorce. The …

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Front Matter, Michigan Law Review Dec 1931

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 30, Issue 2 of Michigan Law Review

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The Recognition Of Russia, Edwin D. Dickinson Dec 1931

The Recognition Of Russia, Edwin D. Dickinson

Michigan Law Review

Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.

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The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine Dec 1931

The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine

Michigan Law Review

When a buyer seeks to purchase goods on credit, the seller often refuses to make the sale unless the buyer procures some third person to become liable for the price; and the seller also exacts the privilege of suing either the buyer or the third person or both in the event that payment is not made on the date the price falls due. In a three-party transaction of this sort, the buyer, after the goods are delivered, is commonly called the principal, the seller the creditor, and the third person the surety.

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