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Michigan Law Review

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Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant Mar 1932

Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant

Michigan Law Review

Plaintiff and defendant were competitors in the laundry business. While plaintiff was collecting laundry a dispute arose between him and defendant's driver over the right to certain laundry of which plaintiff had taken possession. The driver undertook to obtain it from plaintiff by force and assaulted him. Suit was brought against the laundry company as principal. Held, though arising out of the business, the assault was outside the scope of employment so defendant was not liable. Morin v. Wet Wash Laundry Company (N. H. 1931) 156 Atl. 499.

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Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy Mar 1932

Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy

Michigan Law Review

After dissolution of the partnership, one partner appropriated sums of money belonging to the partnership to his own use. He was subsequently discharged in bankruptcy. His co-partner, by a cross-bill in a suit for the appointment of a receiver and for liquidation of the partnership, sought to hold him for the liability, and it was held that this liability was not discharged by his bankruptcy, since the money appropriated was the property of the firm, and his taking of it was wilful and malicious injury to the property of another, liability for which is exempted from discharge by sec. 17 …

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Negligence - Contribution Between Concurrent Tort Feasors - Subrogation Mar 1932

Negligence - Contribution Between Concurrent Tort Feasors - Subrogation

Michigan Law Review

A truck owner parked his truck on a public street at night knowing that the rear light was not burning. A Minnesota statute made it illegal to park a car at night without a light. The defendant negligently ran into the truck, whereby one of his companions was injured. The plaintiff, as insurer of the truck owner, paid for the injury, becoming subrogated to any right of contribution which the truck owner might have against the defendant. Held, that if the truck driver were guilty of negligence only, recovery could be had, but where there is an intentional wrong …

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Suretyship - Revocation By Death Mar 1932

Suretyship - Revocation By Death

Michigan Law Review

In consideration of a promise on the part of the vendor in a land contract to accept from the purchaser the first four installments of interest in the form of four notes, the decedent agreed in writing to indorse said notes and become responsible to the vendor for their payment. The surety died before the first of the notes was to be made and indorsed. A claim was made against the estate of the surety on this writing, the trial judge finding for the estate on the ground that there was no competent evidence from which damage might be determined; …

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Torts - Negligence - Recent Acquisition Of Driver's License Mar 1932

Torts - Negligence - Recent Acquisition Of Driver's License

Michigan Law Review

In a suit for damages for injuries allegedly negligently inflicted upon the occupant of an automobile, plaintiff testified that defendant was driving at a high rate of speed when his car began to zigzag and finally overturned, injuring plaintiff. Defendant testified that he was driving moderately when, upon their sudden application, the brakes locked, causing the car to zigzag and overturn. There was evidence to the effect that "defendant was an inexperienced driver, having just obtained his driver's license." Defendant's motions for a nonsuit and a directed verdict were refused. Held, that the question of defendant's negligence was for …

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Trusts-Duty Of The Trustee To Sell Stock In A Falling Market Mar 1932

Trusts-Duty Of The Trustee To Sell Stock In A Falling Market

Michigan Law Review

Securities were turned over to defendant as trustee, among which were issues of common stock in two sugar companies, under the direction that the trustees were authorized to continue all investments of the testator without any personal liability in doing so. In the executor's accounting the stocks were valued per share at $22 and $12.25 respectively. In the present accounting, instituted by the beneficiary on becoming entitled to the corpus of the trust estate, the stocks had fallen to $7 and $.50 respectively. The trust company was experienced in the handling of securities and its officers were advised not to …

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Wills -Validity Of Contracts To Suppress Mar 1932

Wills -Validity Of Contracts To Suppress

Michigan Law Review

Certain children entered into a contract during the lifetime of their parents, by the terms of which it was agreed that if the will of either parent should favor some of the children above others, the favored children would waive their rights under the will and share equally in the real and personal estate of the parents. The will of the father left the whole estate to the mother. Her will omitted any gift to one of the children, and this suit was brought by an assignee of that child to obtain specific performance of the agreement. Held, that …

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An Extravagant Account Mar 1932

An Extravagant Account

Michigan Law Review

A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.

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Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety Mar 1932

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety

Michigan Law Review

A, a loan broker, by forging the name of the plaintiff's attorney to a certificate of title, secured title insurance from the plaintiff guaranteeing the X loan association against loss by reason of defect in the mortgagor's title. The mortgagor was a non-existent person whose name A had forged to the note and mortgage. X drew a check on the defendant bank payable to the mortgagor, turning it over to A for delivery. A forged the mortgagor's name and collected from the defendant bank. Upon paying the X loan association on the insurance policy, the plaintiff sought to be subrogated …

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Municipal Corporations - Validity Of Setback Ordinances In Improved Districts Mar 1932

Municipal Corporations - Validity Of Setback Ordinances In Improved Districts

Michigan Law Review

Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street …

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Negligence - Proximate Cause - Intervening Criminal Act Mar 1932

Negligence - Proximate Cause - Intervening Criminal Act

Michigan Law Review

Defendant railroad company, having suffered heavily from depredations committed by a dangerous gang of train robbers, employed plaintiff's intestate as a train guard. Defendant also employed X, a member of the gang, to act as an informer and to forewarn defendant of the gang's activities. X, on one occasion, negligently failed to inform defendant of the gang's plans and plaintiff's intestate was killed by one of the robbers. Plaintiff brought action under the Federal Employer's Liability Act, as next of kin, on the theory that defendant was guilty of negligence in failing to warn the train guard, and that this …

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Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class? Mar 1932

Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class?

Michigan Law Review

The plaintiff, a stockholder in the Bank of the United States, sued the defendant, superintendent of banks for New York State, for losses sustained when the bank failed as a result of the defendant's failure to perform certain acts required by statute. Held, the defendant, being charged by statute with a duty to all the people of the state, owed no duty to the stockholders as individuals, and was not liable to the plaintiff. Walker v. Broderick, 252 N. Y. S. 559 (1931).

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Taxation-Power To Determine Income Tax Rate Of Husband On Basis Of Combined Income Of Husband And Wife Mar 1932

Taxation-Power To Determine Income Tax Rate Of Husband On Basis Of Combined Income Of Husband And Wife

Michigan Law Review

The plaintiff and his wife had separate incomes and estates. The Wisconsin income tax law provided that married persons living together might make separate returns, but that the tax rate should be that rate which would apply had their incomes been combined in a single return. Wis Stat., 1927, c. 71.05 (2) (d), c. 71.09(4) (c). Income tax rates, under the Wisconsin law, are graduated according to the size of the income. Married women are given equal property and contract rights with men under the Wisconsin statutes. The plaintiff, protesting against payment of a higher rate than that prescribed for …

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Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment Mar 1932

Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment

Michigan Law Review

P applied for a position as switchman with the defendant company. Defendant company had a rule that no one should be employed over the age of 45. Employees who had reached the age of 65 were pensioned but this limit was extended in some cases to 70. To gain employment, P, who was 49, represented that he was 38. He was accepted, and worked for 7 years when he was injured through defendant's negligence while engaged in interstate commerce. Held, his misrepresentation to gain employment did not bar recovery under the Federal Employers Liability Act, it not appearing that …

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Wills - Pretermitted Heirs Mar 1932

Wills - Pretermitted Heirs

Michigan Law Review

In an action based on section 1550 of the Compiled Laws of 1929 providing that a child omitted from the will of a parent shall share as in intestate succession unless it appears that such omission was intentional, the question arose as to whether this intent could be shown by extrinsic evidence. Held, such evidence is admissible. O'Neall v. Her, 254 Mich. 631, 236 N. W. 890 (1931).

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A Reference Work On Post War Treaties Mar 1932

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht

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Book Notes And Notices Mar 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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Front Matter, Michigan Law Review Mar 1932

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 30, Issue 5 of Michigan Law Review

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Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin Mar 1932

Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin

Michigan Law Review

The object of this paper is to examine certain fundamental corporate changes which statutes or articles frequently authorize majority stockholders, or a certain proportion of all, to bring about, and to ascertain whether courts have looked simply to the literal wording of the authority and have sanctioned the action if in accord with the statute or whether they have implied equitable restrictions in spite of apparently unlimited authority in the statute or articles. How far, for example, have courts gone in the direction of the business man's idea that the corporation, after all, is a democratic affair, and that the …

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Protection Of Employees Against Abrupt Discharge, G. T. Schwenning Mar 1932

Protection Of Employees Against Abrupt Discharge, G. T. Schwenning

Michigan Law Review

The dismissal compensation law movement is a significant, though relatively new, effort on the part of industrial nations to minimize the hazards of employment uncertainty. It is a development in labor legislation of recent origin designed to stabilize employment contracts by limiting employers' freedom of arbitrary and abrupt discharge. Where such statutes have been enacted, employers are required to give their employees advance notice of the termination of the labor contract or to pay compensation in lieu of notice. The length of the time of notice ranges in different countries from five days to two years, while the discharge compensation …

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Conflict Of Laws-Judicial Notice Of Foreign Law Mar 1932

Conflict Of Laws-Judicial Notice Of Foreign Law

Michigan Law Review

Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …

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Corporations - Restrictions Upon Transfer Of Corporate Stock Mar 1932

Corporations - Restrictions Upon Transfer Of Corporate Stock

Michigan Law Review

Due to the flexibility and fluctuation of proprietorship in corporations, attempts have frequently been made to restrict effectively along certain lines the free transfer of corporate stock. Such efforts have been motivated by a desire to secure a continuity of management, or to insure ownership by stockholders deemed actually advantageous to the success of the common undertaking.

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Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation Mar 1932

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation

Michigan Law Review

At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.

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Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …

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Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument Mar 1932

Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument

Michigan Law Review

Plaintiff was a good faith purchaser of a trade acceptance payable at a fixed date with a provision for acceleration at the option of the holder [1] " . . . upon the acceptor hereof suspending payment, [2] giving a chattel mortgage, [3] suffering a fire loss, [4] disposing of his business or [5] failing to meet at maturity any prior trade acceptance." In an action by the plaintiff after the fixed date of maturity, defendant-acceptor contended that accelerating provisions 3 and 5 rendered time of payment uncertain and the instrument non-negotiable. Held, the trade acceptance was negotiable. People's …

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Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period Mar 1932

Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period

Michigan Law Review

The defendant was indicted in September, 1930, for having robbed a bank in August, 1927. At the time of his act, the statute of limitation of actions required that prosecutions for certain offenses be commenced within five years after the act, and included in this group the crime termed "robbery." Prosecutions for other offenses were barred after two years. In May, 1929, a new statute provided that prosecutions for felonies be commenced within five years after commission of the act by the accused. The defendant contended that robbing a bank was not within the scope of the term "robbery" as …

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Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute Mar 1932

Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute

Michigan Law Review

An Indian married a negress in Oklahoma. The proper forms were observed, the parties acted in good faith, and thereafter lived together as husband and wife. Children were born to them. The marriage was absolutely void under an Oklahoma statute prohibiting such miscegenation and making it a felony. On the father's death intestate, the guardian of the children petitioned for letters of administration. Held, that under Okla. Comp. Stat. 1921, sec. I 1303, reading, "The issue of all marriages null in law . . . are legitimate," the children of the void marriage took as heirs, and the petition …

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Civil Pleading In Scotland, Robert Wyness Millar Mar 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

It might be expected that, after the lodging of the answers and pleas in law on the part of the defender, a brief period would now be allowed the pursuer to put in a reply to any affirmative allegations contained in the defender's pleading. But this is not the case, at least in the sense of his lodging a separate pleading. He is given opportunity to reply, but by way of revising his condescendence. Basically, the principle is the same as that obtaining in our classic chancery practice, whereby the complainant amended his bill in order to include any special …

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Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action Mar 1932

Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action

Michigan Law Review

Plaintiff brought his action to recover taxes paid under protest September 21, 1920. The tax was levied under the Revenue Act of 1918 on certain whiskey belonging to the plaintiff and stored in a government warehouse, which it was claimed had been withdrawn for beverage purposes. In his first petition, filed July 26, 1924, the plaintiff alleged that no tax was due because the liquor, while in exclusive control of the government and without fault of the plaintiff, was destroyed by fire. Two amended petitions were filed, one on February 28, 1927, and the other on September 22, 1928, in …

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A Valuable Record Of International Practice Mar 1932

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld

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