Digital Commons Network^™

Insurance - Murder Of Insured By Beneficiary - Liability Of Insurer To Estate Of Deceased Where Both Beneficiary And Insured Are Covered By One Joint Policy

Michigan Law Review

The deceased and her husband took out with the defendant company a joint policy payable to the survivor of diem. After the murder of the deceased by her husband, her administratrix brought an action to recover the proceeds of the insurance. The court held that since the parties had contracted for the survivor to take all, there could be no recovery in favor of the deceased's estate. Merrity v. Prudential Insurance Company, (N. J. 1932) 161 Atl. 681.

Public Utilities - Certificate Of Convenience And Necessity - Court Review Of Orders Of Commission

Michigan Law Review

A telephone company petitioned the railroad commission for a certificate of convenience and necessity and for authority to extend its lines into territory already served by another company. The application was denied by the commission, but upon appeal the circuit court set aside the order. The supreme court held that the orders or determinations of the commission in such matters will not be disturbed by the courts unless unreasonable in the sense that reasonable men might not well differ with respect to their correctness. Union Co-operative Telephone Company v. Public Service Commission of Wisconsin, 206 Wis. 160, 239 N. …

Torts - Liability Of Negligent Driver To One Who Goes To His Rescue

Michigan Law Review

Defendant's driver tried to pass plaintiff's car on an icy road and, solely because of his excessive speed under the prevailing conditions, the defendant's truck skidded off the road and into an electric light pole. The pole and attached wires fell to the ground and the defendant's driver was pinned beneath the overturned truck. Plaintiff rushed to the assistance of the driver, but, in so doing, became entangled in the highly charged wires and was severely burned. In a suit to recover for the injuries so sustained, it was held that plaintiff could recover from defendant. Butler v. Jersey Coast …

Contracts -Anticipatory Breach - Recovery Of The Present Worth Of Unmatured Installments Of A Debt

Michigan Law Review

It is generally agreed that recovery may be had in one suit not only of the damages suffered up to the date of the writ but also of prospective damages for the non-performance of that which is not yet due, whenever a defendant has committed a partial material breach of an executory bilateral contract or of a unilateral contract to do something other than to pay a sum of money. The same conclusion is reached whenever a defendant has repudiated his promise after the time for beginning performance has arrived. These propositions are accepted even in those jurisdictions which do …

Carriers - Misdelivery

Michigan Law Review

An impostor represented himself to P, a dealer in live stock, as Will Buntrock, a substantial South Dakota farmer. P, after being satisfied as to the identity of the person with whom he was dealing face to face, took from him a property statement which proved to be correct according to the South Dakota records. A contract for the sale of certain cattle was made between P and the impostor. The impostor gave P a promissory note for the contract price plus the freight charges, and a chattel mortgage on the stock purchased. P delivered the cattle to …

Contracts - Mutual Assent - Misrepresentation Of Contents Of Written Offer

Michigan Law Review

The defendant orally agreed to buy a year's supply of gasoline of the plaintiff, it being understood that the agreement was to be put in writing. Plaintiff's agent presented two documents to the defendant, telling him that they embodied the oral agreement, and the defendant signed without reading them. One of the documents was in form a lease of defendant's filling station to plaintiff at a nominal rent. Plaintiff brought suit, based on the lease, for possession of the premises. Held, the lease is invalid. The defendant's negligence in signing without reading is immaterial. Phillips Petroleum Company v. Roth …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 31, Issue

Constitutional Law -Validity Of Restrictions On House-To-House Selling

Michigan Law Review

Although data of an accurate nature are not available there seems no doubt that the use of house-to-house selling as a means of distribution has received a considerable impetus during the past few years. So extensive, in fact, has the practice become that many communities are seeking relief from whatever undesirable features may be felt. The problem has already been the subject of litigation in Fuller Brush Co. v. Town of Green River. That other controversies will inevitably follow justifies consideration of the legal aspects involved.

International Law Problems In The Extradition Of Samuel Insull

Michigan Law Review

Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …

Federal Practice -- Appeal And Error -- Non-Joinder Of Plaintiffs In Error

Michigan Law Review

Judgment was rendered by the trial court against appellant and another, and upon appeal to the Supreme Court of Mississippi, judgment was affirmed against the appellant and also given against the surety on the appeal bond. Appellant alone appealed to the Supreme Court of the United States. Held, that all the parties against whom a joint judgment has been rendered must join in an appeal and no amendment is allowable after the period for appeal has expired. Hartford Accident & Indemnity Company v. Bunn, 285 U. S. 169, 52 Sup. Ct. 354, 76 L. ed. 456 (1932).

Executors And Administrators-Who Is Entitled To Appointment

Michigan Law Review

The administration of the decedent's estate was granted to the guardian of her minor child, the issue of a former marriage. The child was the sole heir of his mother, and she had no creditors. The deceased's husband had no interest in her estate. The husband was denied the right to administer his wife's estate under the Wisconsin statute. The statute provides that administration shall be granted in the following order; first, to the widow, surviving husband or next of kin or both if suitable and competent to discharge the trust; second, to one or more of the principal creditors; …

Wills - Predecease Of Residuary Legatee

Michigan Law Review

A will specified nominal bequests to testator's daughters who were in custody of his divorced spouse, and the residue to the two sons, by name, in custody of the testator. One of the sons predeceased the testator. Held, the share of the predeceased legatee was to go to the surviving residuary legatee. In re Zimmerman's Estate, 122 Neb. 812, 241 N. W. 553 (1932).

Workmen's Compensation - Dependents - Children Born After The Injury

Michigan Law Review

A proceeding was brought under the workmen's compensation act of Virginia by the widow of a deceased employee on behalf of herself and children. Between the date of the injury and death of the employee he became the father of two children for whom compensation is now sought. The Industrial Commission denied them compensation, and in affirming the decision the supreme court held that under the Virginia statutes a person is entitled to compensation only if "dependent at the time of injury," hence the two children are not dependents within the statute and are not entitled to compensation. Hotton, Brown …

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law.

Banks And Banking -Trust Companies - Deposit Of Trust Funds By Corporate Trustee In Own Banking Department

Michigan Law Review

The appearance of the corporate fiduciary, the trust company, in the modern banking and business world has, because of its peculiar composite structure, been attended by some confusion in the application to it of certain rules designed for the administration of trusts by private persons as trustees. The trust company maintains a department which acts as trustee, executor under wills, and in such other capacities as a natural fiduciary might assume; and in addition there usually exists, within the same corporate structure, a commercial and savings banking business. Each of these departments is capable of dealing with the other as …

Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation

Michigan Law Review

An indictment under section 215 of the Criminal Code of the United States charged the appellant with devising a scheme to defraud and to obtain money under false pretences from certain named persons ( the scheme is fully set out and certain representations alleged) and with causing, for the purpose of executing said scheme, "a certain letter" to a named individual to be delivered by United States mail. The defendant promptly filed a motion to quash the indictment on the ground that it was not sufficiently informative of the offense. Held, without discussion, that the indictment was sufficient. Johnson …

Carriers - State Regulation Of Interstate Motor Carriers

Michigan Law Review

Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …

Corporations - Conversion Of Corporate Stock

Michigan Law Review

The defendant acquired in good faith certain stock certificates, each bearing an indorsement purporting to be that of the plaintiff. The certificates had been stolen from the plaintiff and the indorsements were forged. Upon learning that these certificates were in the possession of the defendant the plaintiff demanded their return, which was refused without qualification. The plaintiff then brought an action of trover to recover as damages the value of the stock. The Appellate Division limited the recovery to damages incurred by way of expenses, profits lost, or otherwise, flowing from the wrongful detention of the certificates as distinguished from …

Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …

Parties- Joinder Of Master And Servant As Defendants

Michigan Law Review

This was an action against the owner of a taxicab and his driver for damages caused by the negligence of the driver in the course of his employment. A motion for a directed verdict on the ground of misjoinder was overruled. Held, error. Knox v. Redwine, (App. D. C. 1932) 59 F. (2d) 304.

The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown

Michigan Law Review

In the preface to The American Commonwealth, James Bryce acknowledged his indebtedness to numerous friends who, in one way or other, aided him in the writing of his book. First on this list is the name of Thomas M. Cooley. An examination of the text and footnotes of The American Commonwealth shows that Bryce was well acquainted with Cooley's published works, especially his Constitutional Limitations and his General Principles of Constitutional Law, which he quoted frequently with approval and respect. Also one finds six references to letters from Judge Cooley or to observations made directly by him to Bryce. But …

The Fifteen Mill Tax Amendment And Its Effect, E. Blythe Stason

Michigan Law Review

This article, dealing with problems arising under the Michigan Tax Limitation Amendment, should be of general interest. The movement to reduce taxes on property is nation-wide, as Mr. Stason says. One form which the movement has taken has been to limit, by constitutional provision, the amount of tax which may be levied on property. Seventeen States already have such limitations and others may be expected to give consideration to like measures

Bills And Notes-Liability Of An Acceptor On An Altered Instrument

Michigan Law Review

Section 62 of the N. I. L. (Uniform Negotiable Instruments Law) provides: "The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits,-- (1) The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument, and (2) The existence of the payee and his then capacity to indorse." A recent California case decided that by force of this section, a bank certifying and paying a check on which the payee's name had been changed could not recover the money from the holder …

Quasi-Contracts - Measure Of Recovery On Infant's Disaffirmance

Michigan Law Review

On November 1, 1928, an infant caused to be delivered to a brokerage firm shares of stock in which he had an interest or equity of $3,342.09. The brokerage firm had been carrying a margin account with the infant which was continued until it was closed April 2, 1929, by payment to him of $70.99. While yet in his minority he rescinded the agreement with his brokers, and disaffirmed the entire transaction. In an action for the recovery of the value of his equity in the shares of stock as of November 1, 1928, minus the sum paid to him …

Receivers - Individual Incorporating His Assets To Secure Consent Receivership

Michigan Law Review

One Robinson, a lumber dealer in Philadelphia, was unable to pay his debts as they matured, but believed that he could satisfy his creditors and leave a surplus if he was not pressed. Neither in federal nor in Pennsylvania practice will a receiver be appointed for an individual. Robinson transferred his property to a Delaware corporation organized by him, receiving in return substantially all of the company's stock. The corporation agreed to assume his debts. A few days later Robinson and a simple contract creditor petitioned a federal district court for Pennsylvania for the appointment of receivers for the corporation, …

Wills - Renunciation By The Beneficiary As Affecting The Rights Of His Creditors

Michigan Law Review

The testator devised to his son an undivided fourth interest in a certain piece of land. The creditors of the son levied on the land, and it was sold at an execution sale. After the execution sale the son formally renounced all his rights under the will. Held, that a beneficiary under a will has the right to renounce unconditionally all benefits derived from the will, and his creditors have no right to object. Lehr v. Switzer, (Iowa 1931) 239 N. W. 564.

Housing Legislation And Housing Policy In The United States, Ernest M. Fisher

Michigan Law Review

Passage by Congress of the "Emergency Relief and Construction Act of 1932" just prior to adjournment in July has served to arouse widespread hope for a revival of the construction industry as a whole, and especially those activities of the industry that are bent upon producing new housing facilities. One of the provisions of the Act authorized the Reconstruction Finance Corporation to "make loans to corporations, formed wholly for the purpose of providing housing for families of low incomes, or for reconstruction of slum areas, which are regulated by state or municipal law as to rents, charges, capital structure, rate …

The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:

Michigan Law Review

A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …

The New Spanish Constitution And International Obligations, Jesse S. Reeves

Michigan Law Review

The promulgation of a Constitution for the Republic of Spain, of date of December 9, 1931, invites attention to certain provisions therein relating to international law, treaties, and related topics.

The Constitution of Esthonia, dated June 15, 1920, Article 4, contains apparently the earliest constitutional provision as to the relation of international to the municipal law: "The universally recognized general rules of international law are an integral part of the laws of Esthonia." The German Constitution of August II, 1920, Article 4, provides that "the generally recognized rules of international law are valid as binding constituent parts of the law …

Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier

Michigan Law Review

Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …