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Articles 10501 - 10530 of 12806
Full-Text Articles in Entire DC Network
Banks And Banking - Deposit Of Trust Funds In Individual Account Of Trustee - Liability Of Depositary
Michigan Law Review
Committee for an incompetent was directed, by the court order appointing him, to deposit in X bank all funds which might come into his possession. In violation of this order he deposited checks payable to himself as committee in his individual account in the defendant bank. Plaintiff, as substituted committee, sued the depositary for alleged diversions by the original committee, on the theory that the defendant aided the diversions by accepting the deposit of trust funds in the individual account of the committee. Held, under the rule of Bischoff v. Yorkville Bank defendant bank is not liable for the …
Confusion Of Goods - Gold Seized During Russian Revolution
Confusion Of Goods - Gold Seized During Russian Revolution
Michigan Law Review
Plaintiff in 1915-16 purchased from Russian banks $10,000,000 in alloy gold ingots, about 78% fine. These were entrusted to the Russian State Bank at Petrograd, deliverable on demand to the plaintiff after the war. In 1928 the State Bank of the Union of Soviet Socialist Republics sent a shipment of refined gold ingots, 98% fine, to the defendant bank for deposit. The plaintiff seeks to replevin these ingots, alleging that their ingots in Petrograd were seized by the Bolsheviki during the revolution in 1917-18 and by them transported to Moscow, commingled with other gold, and then refined into ingots of …
Contracts - Statute Of Frauds - Moral Obligation As Consideration
Contracts - Statute Of Frauds - Moral Obligation As Consideration
Michigan Law Review
The defendant, who gave the plaintiff, a real estate broker, a promissory note for services rendered pursuant to an oral contract within the statute of frauds, was held liable thereon, since he had received material pecuniary benefit under circumstances giving rise to a moral obligation to pay. Elbinger v. Capitol & Teutonia Co., (Wis. 1932) 242 N. W. 568.
Criminal Law And Procedure-Jury
Criminal Law And Procedure-Jury
Michigan Law Review
In examining a prospective juror in a homicide case, the court asked him whether he had formed and expressed an opinion as to the guilt or innocence of the prisoner at the bar from having seen the crime committed or having heard any of the evidence delivered on oath. The venireman "shook his head and said no," but added that he had heard the case discussed a good deal and would rather not serve. Held, that he was not disqualified. Smallwood v. State, (Ga. App. 1932) 165 S. E. 476.
Equity - Contempt - Enforcement Of Decree To Pay Money
Equity - Contempt - Enforcement Of Decree To Pay Money
Michigan Law Review
The defendant became the beneficiary in a life insurance policy by undue influence. The court decree ordered her to pay the proceeds, most of which she had spent, to the plaintiff, the original beneficiary. Upon commitment for contempt in disobedience of the decree the defendant brought habeas corpus. Held, that attachment for contempt for non-compliance with an order to pay money lies only when payment is unenforceable by execution. Since defendant had available his remedy of execution, contempt proceedings were unjustifiable. Klimek v. Borkowski, 259 Mich. 383,243 N. W. 313 (1932).
Equity - Supplemental Decrees
Michigan Law Review
Appellant sold a trade name to the appellee which the latter was to use on "crayons, pastels, oil and water color paints, pens and erasers." Appellee used the name on other commodities and the appellant obtained an injunction forbidding the use of the name on any articles not mentioned in the contract. A year later, and in another term of court, the appellant moved for a supplemental decree, representing that the appellee was violating the spirit of the injunction by drafting advertising so that through association of the commodities upon which the name could be used with those upon which …
Intoxicating Liquors - Nuisance -Abatement
Intoxicating Liquors - Nuisance -Abatement
Michigan Law Review
Section 22 of the National Prohibition Act provides that premises used for purposes in violation of the act, such as the sale of intoxicating liquor, may be declared a common nuisance which may be enjoined in equity, and that the premises may be closed for one year. Process was served on the defendant who was the bartender in a "speakeasy," and the place was declared a common nuisance and padlocked for one year. The lessee of the premises, who was the proprietor of the business, appeared specially to vacate that part of the decree which directed the closing of the …
Partnership - Consideration For Contract - Illusory Promise
Partnership - Consideration For Contract - Illusory Promise
Michigan Law Review
D and his three daughters executed an agreement whereby each was to get an undivided fourth interest in all of D's property. The business under this agreement was to be conducted on a partnership basis. It was agreed that D should have complete control of the business and the right to issue only such profit as he saw fit beyond the actual need of the daughters. A demand note was given in 1918 by each of D's daughters without interest. The notes were renewed and the majority of the court agreed that it was the intent of the …
The Contracts Restatement, Grover C. Grismore
The Contracts Restatement, Grover C. Grismore
Michigan Law Review
A book review of OF THE LAW OF CONTRACTS. By the American Law Institute.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 31, Issue 5 of Michigan Law Review
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …
Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death
Michigan Law Review
Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
Michigan Law Review
Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.
Corporations - Interference With The Internal Affairs Of A Foreign Corporation
Corporations - Interference With The Internal Affairs Of A Foreign Corporation
Michigan Law Review
The quaint cliché, "interference with the internal affairs of a foreign corporation," has sufficiently dominated judicial decisions to merit an exalted place in what Justice Cardozo has called "the tyranny of tags and tickets." A frequently adopted analysis for the purpose of determining whether the court will hear the cause allegedly involving internal affairs confines the inquiry of the court to the application of a test laid down by the Maryland court about a half century ago.
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Michigan Law Review
The Rowena State Bank, a corporation organized under the laws of South Dakota, borrowed a sum of money from the plaintiff who was the president of the bank. A state statute provided : "In all cases where money is borrowed, a bank shall issue its 'Bills Payable' and shall show the true amount of borrowed money on its books." The bank failed to comply with this statute. A short time later the defendant as superintendent of banks took charge of this bank. The plaintiff brought an action to recover upon a quantum meruit for the money loaned. Held, that …
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Criminal Law And Procedure - Aiding And Abetting
Criminal Law And Procedure - Aiding And Abetting
Michigan Law Review
Defendant and companion committed a holdup and robbery. Defendant's companion carried a pistol but did not have a license to do so. Defendant was unarmed. Held, that defendant was guilty of the offense of carrying a pistol without having first secured a license. Vinson v. State, (Ga.App. 1932) 164 S. E. 209.
Duress -Threats Of Prosecution - Illegality
Duress -Threats Of Prosecution - Illegality
Michigan Law Review
Plaintiff filed a bill for cancellation, on the ground of duress or illegality, of a mortgage given by her to the defendant. The mortgage was induced by a promise of the defendant's attorney to use his influence to procure the release from jail of the mortgagor's husband and the dismissal of criminal proceedings originally brought against him by the defendant. Held, there was no duress, and no fraud or deceit was practiced upon the court or court officials, so relief must be denied. Wilhelm v. King Auto Finance Co., (Mich. 1932) 244 N. W. 130.
Executors And Administrators - Administration Without Probate
Executors And Administrators - Administration Without Probate
Michigan Law Review
The plaintiff is the only heir of the decedent who died intestate. The defendant was in possession of certain assets of the deceased which had formerly been deposited with a bank, now insolvent. Plaintiff brought a bill in her own name to compel the defendant to turn over to her such assets. The Illinois statute providing for administration adds, "Provided, That when the heirs are residents of this State and the estate is solvent and without minor heirs and it is desired by the parties in interest. to settle the estate without administration this law shall not apply." Held, …
Insurance - Injuries Resulting From The Operation Of An Automobile
Insurance - Injuries Resulting From The Operation Of An Automobile
Michigan Law Review
The defendant insured the plaintiff against accidental injuries suffered exclusive of all other causes and only as the result of operating, driving, or riding in or on an automobile. The plaintiff was injured while sitting in the driver's seat of an automobile by a discharge from a gun which was being unloaded by a companion on a hunting trip, preliminary to placing it in the car. Held, the accident arose as a result of operating the automobile within the meaning of the insurance policy and the plaintiff is entitled to recover. Dorsey v. Fidelity Union Casualty Co., (Tex. …
Criminal Law And Procedure - Sufficiency Of Information
Criminal Law And Procedure - Sufficiency Of Information
Michigan Law Review
In an information for murder, after a definite statement of time and place it was charged that the defendant "did then and there . . . shoot, wound and kill" the deceased. On appeal from the order of the lower court overruling his demurrer to the information, the defendant contended that the information was defective in that it failed to allege death within a year and a day or that the deceased died in the county where the information was filed. Held, both time and place were sufficiently stated and the demurrer was properly overruled. State v. Stone, …
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Michigan Law Review
The decedent was riding with his brother as a guest when a collision with another automobile caused his death. The executrix of his estate sued his brother and the driver of the other car jointly. The defendants were suable jointly for their concurring negligences but a statute authorized the court in its discretion to allow separate trials. Upon an appeal from an order overruling an application by the defendants for separate trials the court held that it was an "intermediate order involving the merits or materially affecting the final decision" and thus directly appealable. Manley v. Paysen, (Iowa 1932) …
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Michigan Law Review
Under the overwhelming weight of authority the reservation by the settlor of the income from trust property, or of other benefits, during his lifetime, and of the power to revoke the trust and so recover all or any part of the principal does not invalidate the trust; nor does the trust fail because the trust instrument is not executed in accordance with the Statute of Wills. Upon the death of the settlor the corpus of such a trust is distributable by the trustee in accordance with the terms of the trust instrument and does not pass to the executor or …
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Michigan Law Review
The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …
The Value Of Sociology To Law, Robert C. Angell
The Value Of Sociology To Law, Robert C. Angell
Michigan Law Review
There has been a good deal said about a sociological approach to law and, as time goes by, more and more attempts are being made to turn words into action. There is a definite trend toward the tise of the sociologist, his research methods, his findings, or his body of principles by those concerned with the law. It may not be amiss, therefore, for a sociologist to inquire what the possibilities of this trend really are. Though, in certain respects, he may be less well equipped for this task than the student of law, he at least has the advantage …
Trust Receipts
Michigan Law Review
That the conflict between the convenience of business and the rigidity of the law continually brings about modifications and expansions of legal doctrine is nowhere better illustrated than in the field of commercial financing. A merchant wishes to purchase goods; he has no funds or available unencumbered property for security; his general credit is too poor to warrant either the manufacturer or a bank in making advances without security. How can the manufacturer give the merchant possession and power of sale of the goods and yet retain a legal hold on them or their proceeds as security for the payment …
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Michigan Law Review
An employee of the plaintiff, payee of a check drawn on the defendant bank, indorsed the check without authority and cashed it, retaining the proceeds. The check was sent through the clearance to the defendant bank and charged to the drawer. The plaintiff brought suit against the bank by a complaint in the form of damages for the conversion of a check. It was adjudged for the plaintiff and the defendant appealed. On appeal, the plaintiff insisted that the payment of the check amounted to an acceptance by the defendant bank and that a liability to the plaintiff as payee …
Criminal Law And Procedure - Evidence - Presumptions
Criminal Law And Procedure - Evidence - Presumptions
Michigan Law Review
The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Michigan Law Review
Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot …