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Articles 10141 - 10170 of 12806
Full-Text Articles in Entire DC Network
Wills - Revocation By Change Of Circumstances
Wills - Revocation By Change Of Circumstances
Michigan Law Review
The testator executed his will providing that a termination of the marriage relation would make the provisions for his wife null and void. Subsequently, they separated, and, in anticipation of a divorce they agreed upon and carried into effect a property settlement providing that the wife should receive certain real estate, stock, and money in consideration of her surrender of all her rights of dower, alimony, and claims of support. A short time thereafter the wife sued for a divorce, but the action was discontinued when, in accordance with the testator's wishes, she went to live with him until his …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 33, Issue 4 of Michigan Law Review
Creation Of Government Corporations By The National Government, Maurice S. Culp
Creation Of Government Corporations By The National Government, Maurice S. Culp
Michigan Law Review
The federal government has until recently made very little use of the corporation as an agency for executing the laws of Congress. Early in the course of our national development the federal government chartered banks and shared in their ownership, utilizing them in the fiscal operations of the treasury. At various other times the federal government has chartered other corporations under some power granted by the Constitution, particularly railroad corporations under the commerce power. Beginning with the World War the corporate form of administrative agency was utilized to avoid difficulties which would arise if the execution of the war-time activities …
Banks And Banking - Priorities On Insolvency Of Bank
Banks And Banking - Priorities On Insolvency Of Bank
Michigan Law Review
Plaintiff, clerk of court, deposited in a reputable bank a compensation award known by the bank to be such, pending review in an appropriation proceeding. On the insolvency of the bank, plaintiff sued for the immediate payment of the deposit in full, claiming a preference because: (a) "a special deposit, constituting a trust, was created"; (b) the unauthorized and, consequently, unlawful deposit-of any trust fund in a bank which knows the nature of the fund impresses a trust on the bank. Held, plaintiff was not entitled to a preference over the other depositors in the bank. Busher v. Fulton …
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Michigan Law Review
Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two …
Bills And Notes - Holder In Due Course -Antecedent Obligation As Value
Bills And Notes - Holder In Due Course -Antecedent Obligation As Value
Michigan Law Review
X, entrusted with the safekeeping of negotiable bearer bonds of A and B, stole A's bonds. On A's request for his securities, X, purporting to deliver what was requested, delivered B's bonds. The wrongdoing was not discovered for over a year. B then sued A to recover the bonds. Held, B may recover, for A is not a purchaser for value. State ex rel. Sorenson v. Nebraska State Sav. Bank, (Neb. 1934) 255 N. W. 52.
Corporations-Trust Indenture-Notice To Security Holders Of Contents Of Indenture
Corporations-Trust Indenture-Notice To Security Holders Of Contents Of Indenture
Michigan Law Review
Ever since corporate bonds made their appearance more than a century ago, there has been a steady increase in difficult problems relating thereto. Not the least interesting of these problems pertains to the matter of notice to holders of the bonds and other securities of the contents of the indenture under which they are generally issued. The question becomes acute when one of these bondholders starts suit in law or in equity, and is met by the proposition that his right to so sue is limited by the trust indenture. There are two aspects to the matter, and it is …
Taxation - Federal Income Tax - Discharge Of Legal Obligation By Creation Of Trust For Alimony As Basis For Taxation Of Settlor
Michigan Law Review
A trust estate was created by a husband in accordance with a divorce decree, the income therefrom being paid to the wife in lieu of alimony. Provision was made for reversion of the estate on death of the wife and for payment of surplus income to the husband during the duration of the trust. Held, that the benefit arising from the discharge of a legal obligation constituted sufficient basis for trucing the trust income to the settlor. Willcuts v. Douglas, (C. C. A. 8th, 1934) 73 F. (2d) 130.
Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.
Michigan Law Review
The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …
Criminal Law And Procedure -Automobiles -Violation Of Traffic Regulations - Liability Of Registered Owner
Michigan Law Review
A traffic ordinance of the city of Boston provided, "No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street . . . in violation of any of the rules and regulations of the Traffic Commission of the City of Boston." Under this ordinance defendant, the registered owner of a car, was convicted of overtime parking without any evidence that she herself had parked the vehicle. Defendant appealed. Held, under an ordinance such as this absence of criminal intent makes no difference and the registered owner is criminally liable. Commonwealth …
Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy
Michigan Law Review
An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …
Vendor And Purchaser - Mortgaging Of Land By Vendor - Effect On Vendee's Duty To Continue Installment Payments
Michigan Law Review
Plaintiffs agreed in writing to purchase a tract of land from the defendant, the purchase price to be paid in stated installments or in full at any time at the option of the plaintiffs. Two days after the formation of the contract the defendant mortgaged the land, and about eight months later placed a second mortgage on it. Plaintiffs denied having any knowledge of the mortgages until attempts were made to foreclose them. Previous to this, however, they had defaulted in their payments. In an action in general assumpsit to recover the amount of the installments paid it was held …
Wills--Witnesses--Construction Of "In The Presence Of" The Testator
Wills--Witnesses--Construction Of "In The Presence Of" The Testator
Michigan Law Review
Testator, ill in a hospital, signed an instrument as his will in the presence of the attending physician and nurse, and requested them to sign as witnesses. For convenience they signed the instrument around a slight jog in the corridor on a table which was about 30 feet from the testator's bed and out of his sight. Thereafter he examined the signatures and expressed his approval. Held, that the witnesses signed in the presence of the testator as required by the Michigan statute. In re Lane's Estate, 265 Mich. 539, 251 N. W. 590 (1933).
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.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 33, Issue 3 of Michigan Law Review
Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore
Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore
Michigan Law Review
The steps which have recently been taken, both through federal and state legislation, to regulate trade practices by outlawing what have been denominated "unfair methods of competition" have brought to the fore a problem that has vexed lawyers and legal writers for a long time. The question is whether a competitor who has been injured as a result of a rival's use of one of the condemned methods of competition can maintain any action either at law or in equity against the wrongdoer. Contrary to what has always been the practice in drafting so-called "anti-trust" laws, the legislation dealing with …
Evidence - Admissibility Of Parol Evidence Showing That Contract In Writing Was Executed Only As Sham, John E. Tracy
Evidence - Admissibility Of Parol Evidence Showing That Contract In Writing Was Executed Only As Sham, John E. Tracy
Michigan Law Review
An individual is sued on a written contract or, suing on an alleged oral agreement, is confronted by a written contract which he has signed. He offers testimony that, although he executed the instrument which bears his name freely and with full knowledge of its contents, he is not to be held liable thereon because the agreement between the parties was that it should never be legally enforceable, the sole purpose of its execution having been to deceive some third person into a belief that the parties to the instrument had contracted together as in the instrument set forth.
Future Interests - When Is Child En Ventre Sa Mère Regarded As In Being
Future Interests - When Is Child En Ventre Sa Mère Regarded As In Being
Michigan Law Review
How far will the courts go in regarding a child en ventre sa mere as in being for the purpose of determining the character of interests in property? This question is brought to the fore in Re Joicy, a recent decision of the English Court of Appeal. In that case, a will declared that certain property should be held in trust for all of the children of the testatrix who should survive her and attain the age of twenty-one years, and provided that if any such child should die within the period of twenty-one years "leaving any issue him …
Quasi-Contracts --Torts -- Quasi-Contract As An Alternative Remedy For Interference With Contract Relations
Michigan Law Review
An action in tort for damages against a defendant who has induced a third person to breach his contract with plaintiff is permitted in most states today, although the action is of comparatively recent origin. The basis of the action is the obligee's interest in the performance of the contract, which is thought to deserve protection against the third-party interference. The invasion of this right must, as the cases now stand, be an intentional invasion, although there seems to be no reason for excluding negligent invasions subject to the usual limits of foreseeability. The motives of the tort-feasor, suggested by …
Conflict Of Laws - Foreign Marriage - Dower
Conflict Of Laws - Foreign Marriage - Dower
Michigan Law Review
Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …
Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial
Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial
Michigan Law Review
Defendant was convicted of first degree murder and sentenced to be electrocuted. He now claims he was denied a fair trial as the attorney appointed by the circuit court to defend him was inexperienced, having practiced only thirteen months. Held, that inasmuch as the nature and extent of the attorney's practice was not shown and the record showed the defense was carried on in a highly creditable manner, the inexperience of defendant's attorney was not a denial of a fair trial. McGuire v. State, ( Ark. 1934) 74 S. w. (2d) 235.
Descent And Distribution - Inheritance As Affected By Heir's Murder Of Deceased
Descent And Distribution - Inheritance As Affected By Heir's Murder Of Deceased
Michigan Law Review
Albert Tarlo shot and killed his wife while she slept, then killed his daughter, and next killed himself. He survived the wife and daughter by a few hours. The daughter left no will, and by the statute of distribution her property went to the father. A statute provided in effect that no one who should be "finally adjudged guilty" of murder should be allowed to take as heir or next of kin of the person killed. Held, that the father's estate might take the daughter's estate by inheritance. In re Tarlo's Estate, 315 Pa. 321, 172 Atl. 139 …
Public Officers-Sheriff's Removal From Office- Use Of Third Degree
Public Officers-Sheriff's Removal From Office- Use Of Third Degree
Michigan Law Review
In a quo warranto proceeding instituted under a Kansas statute providing that an officer of this state "who shall willfully misconduct himself in office, or who shall willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state . . . shall forfeit his office and shall be ousted from such office," it was held, that a sheriff who assaulted and used other third degree practices on a prisoner to force a confession from him had misconducted himself in office and should be removed. State ex rel. Boynton v. Jackson, (Kan. …
Sales - Chattel Mortgages Under The Bulk Sales Statutes
Sales - Chattel Mortgages Under The Bulk Sales Statutes
Michigan Law Review
Gessaman, who was a dealer in new and used automobiles, was indebted to the bank and other creditors. While so indebted, he executed and delivered to the acceptance corporation a chattel mortgage upon all the furniture, fixtures, equipment and supplies used in the business. Later the mortgagee took possession of the chattels without suit, and immediately afterward Gessaman was adjudged a bankrupt. The trustee, in behalf of the bank and other creditors, seeks to subject the chattels to a trust in the hands of the acceptance corporation upon the claim that the chattels were taken under a sale in violation …
Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings
Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings
Michigan Law Review
Pokora, while driving his truck, approached the defendant's railroad at a crossing where his view was obstructed by box cars standing on a switch which ran beside the main tracks. He stopped his truck at a point about ten or fifteen feet from the switch and listened and looked, so far as the obstruction permitted, and then drove upon the main tracks where he was hit and injured by defendant's train which was coming from the direction of the box cars. The trial court directed a verdict for the defendant on the ground that the plaintiff, as a matter of …
Trade Marks- Use Of Same Mark On Dissimilar Goods
Trade Marks- Use Of Same Mark On Dissimilar Goods
Michigan Law Review
The defendant began to manufacture and sell mechanic's hand soap, adopting the word "Par" as a trade-mark. Within the same year the plaintiff corporation, ignorant of the defendant's prior use of the word "Par," adopted the same trade-mark for its granulated laundry soap. Thereafter the defendant, assuming the name "Par Soap Co.," began to market a granulated laundry soap under the same trade-mark, "Par." Each party prayed for an injunction against infringement by the other. Held, the defendant acquired a common-law trade-mark as applied to mechanics' hand soap but not the right to extend it to the whole field …
Waters And Watercourses - Percolating Waters - Pollution
Waters And Watercourses - Percolating Waters - Pollution
Michigan Law Review
Defendant operated an oil refinery and deposited waste therefrom on his land. The percolating waters under his land were a part of the supply for the plaintiff's well on adjoining land. These waters were contaminated and rendered plaintiff's well water unfit for human or livestock consumption. Held, that in the absence of negligence this was not a nuisance, but was damnum absque injuria. Rose v. Socony-Vacuum Corp., (R. I. 1934) 173 Atl. 627.
Bills And Notes - Rule Of Decision In Federal Courts - Application Of Swift V. Tyson To The Uniform Negotiable Instruments Law
Michigan Law Review
Plaintiff, the transferee after maturity of certain promissory notes made by defendant in Florida, sued in his own name on the notes in the Federal District Court for Pennsylvania. Under the Pennsylvania practice, an assignee after maturity could not sue in his own name unless the notes were negotiable. The District Court concluded that the notes, which contained a provision for interest on overdue interest payments, were non-negotiable and sustained a demurrer. This was affirmed by the Circuit Court of Appeals for the Third Circuit on the ground that although the Florida Negotiable Instruments Law was the law of the …
Business Associations - Joint Adventure Distinguished From Partnership
Business Associations - Joint Adventure Distinguished From Partnership
Michigan Law Review
The defendants, husband and wife, agreed with the plaintiff for the construction and sale of a house on the wife's land, she to be paid a certain sum from the proceeds, and the husband and plaintiff to receive fair compensation for their work, with the balance, if any, to be divided between the husband and plaintiff. Held, that the agreement created a joint adventure between the plaintiff and the husband rather than a partnership. Garber v. Whittaker, (Del. 1934) 174 Atl. 34.