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Michigan Law Review

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Navigable Waters - Public And Private Rights Therein Jan 1932

Navigable Waters - Public And Private Rights Therein

Michigan Law Review

Plaintiffs who owned the land underneath waters capable of navigation and who had been operating an established business of carrying passengers for hire in glass-bottomed boats in order to view the rock formations and sea vegetation, sought to enjoin defendants from operating competing boats. Held, in junction should be denied. Silver Springs Paradise Co. v. Ray (Fla. 1931) 50 F.(2d) 356.

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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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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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Wills-Status Of Illegitimates Under Bequest To Children Jan 1932

Wills-Status Of Illegitimates Under Bequest To Children

Michigan Law Review

The testator devised $5,000 to "the children of my deceased sister B, to be divided equally among those living at my death, including the child or children of a deceased child by right of representation." B had one child who predeceased the testator, leaving two illegitimate children, the complainants. Held, the illegitimates can take, providing they can show that the testator knew that they were the only surviving offspring, at the time the will was made. In re Kauffer's will, (Wis. 1931) 234 N.W. 502.

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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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Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross Jan 1932

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

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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Mistake Of Law In Connection With Titles To Land Jan 1932

Mistake Of Law In Connection With Titles To Land

Michigan Law Review

The confusion resulting from hasty and inaccurate generalization is nowhere better illustrated than in the field of mistake of law as to land titles. The doctrine that no relief can be given for mistake of law is constantly re-asserted by respectable authority, particularly in the case of money paid. But the peculiar hardship in the cases of complete failure of title to land has led to a special treatment of these cases, for which the explanations in judicial opinions are unusually obscure.

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Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover Jan 1932

Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover

Michigan Law Review

In an action by the bank to recover money paid on a check from the holder bank which had cashed the check for an unknown payee without requiring identification, and had then presented it to the drawee bank for payment, the drawer's name being forged, it was held that the drawee bank could recover, on the ground that the holder's negligence had lulled the drawee into indifference as to the drawer's signature when paying the check. Louisa Nat. Bank v. Kentucky Nat. Bank (Ky. 1931) 39 S.W. (2d) 497.

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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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Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord Jan 1932

Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord

Michigan Law Review

Plaintiff alleged that she slipped and fell upon vegetable leaves and other refuse on the sidewalk appurtenant to a fruit store owned by Nickolopulos and leased by him to Galante, thereby sustaining injuries. Held, in a suit brought against both landlord and tenant, that plaintiff stated a cause of action against the landlord, and the motion to dismiss the complaint was properly denied. Brovacko v. Nickolopulos et al. (N. J. 1931) 155 Atl. 765.

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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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Torts - Negligence - Duty To Go To Rescue Jan 1932

Torts - Negligence - Duty To Go To Rescue

Michigan Law Review

Without any negligence on the part of the officers or the crew, a seaman fell overboard and was drowned. No assistance was given to the sailor upon discovery of his plight. In an action against the owners of the boat, it was held that, though the accident occurred as a result of the negligence of the deceased, defendant owed an affirmative duty to make a reasonable effort to save him. Harris v. Pa. R. Co., 50 F.(2d) 866 (1931).

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Negligence - Res Ipsa Loquitur - Circumstantial Evidence Jan 1932

Negligence - Res Ipsa Loquitur - Circumstantial Evidence

Michigan Law Review

Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.

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Torts - Negligence - Duty To Licensee Jan 1932

Torts - Negligence - Duty To Licensee

Michigan Law Review

A former customer received permission to use the telephone in defendant's store, and, in leaving, slipped on a freshly waxed and improperly polished floor. It was held that the plaintiff enjoyed the status of an invitee, but that even as a licensee, when her presence in the store was known, her status would result in the creation of a duty to avoid injuring her by a positive act of negligence or by a failure of duty equivalent to such an act; and the failure to warn her of the condition of the floor would involve a breach of that duty. …

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Criminal Jurisdiction And The Territorial Principle, Wendell Berge Dec 1931

Criminal Jurisdiction And The Territorial Principle, Wendell Berge

Michigan Law Review

The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …

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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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The Courts, The Press, And The Public, Stuart H. Perry Dec 1931

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …

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Bills And Notes - Presentment - Waiver Dec 1931

Bills And Notes - Presentment - Waiver

Michigan Law Review

In an action by the holder against the indorser of a promissory note the question, on the defendant's motion to strike, was whether there was raised a question of fact as to a waiver by the defendant of presentment and notice of dishonor. The plaintiff relied on two letters as evidence of such waiver. One, a letter from the plaintiff to the defendant stating that the note was past due and not paid; and the other, the reply of the defendant Samuel Kullman to the indorser, that "the note will be taken care of not later than next week," but …

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Bills And Notes - Post-Dated Checks - Criminal Liability Dec 1931

Bills And Notes - Post-Dated Checks - Criminal Liability

Michigan Law Review

The defendant was indicted for violating a statute which prohibited the drawing of a check with knowledge that funds were insufficient for payment. (Laws of S. D., 1923, c. 121.) The statute provided for abatement of any criminal prosecution upon the defendant's showing that he had an account with the drawee bank thirty days before the check was delivered and had no intent to defraud, and also paid the amount of the check and costs. It was also provided that the statute was inapplicable if the drawee honored the check. The defendant had drawn what is known as a post-dated …

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Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance Dec 1931

Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance

Michigan Law Review

A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …

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Corporations - Chattel Mortgages - Consent Of Stockholders Dec 1931

Corporations - Chattel Mortgages - Consent Of Stockholders

Michigan Law Review

The claimant held a chattel mortgage on certain fixtures, the property of a corporation in which the bankrupt held a controlling interest. The validity of the mortgage was challenged by the trustee for the reason that it had been executed in disregard of the statutory requirements. It was admitted that the assent of the stockholders was not formally expressed, but it appeared that the requisite number of stockholders had, in fact, assented. Held, that the mortgage is void since it did not have the statutory consent to its execution, the fact of actual consent being immaterial. In re Joseph …

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Corporations - Rate Of Interest On Bonds And Interest Coupons After Maturity Dec 1931

Corporations - Rate Of Interest On Bonds And Interest Coupons After Maturity

Michigan Law Review

Defendant issued a series of coupon junior income bonds with interest at 5 per cent payable from income at such times as directors deemed prudent. The bonds and some of the coupons not having been paid at maturity, defendant maker redeemed them thereafter with interest to the redemption date at the contract rate (5 per cent). Plaintiff, holder of bonds and coupons, sues to recover the legal rate of interest (6 per cent) after maturity of bonds and coupons. Held, (1) The local law where payable will be followed as to interest on the bond after maturity (in Massachusetts …

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Insurance - Accidental Means - Death By Carbon Monoxide Poisoning Dec 1931

Insurance - Accidental Means - Death By Carbon Monoxide Poisoning

Michigan Law Review

The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.

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A Law Book By An Engineer Dec 1931

A Law Book By An Engineer

Michigan Law Review

A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.

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Bibliography On Soviet Russia Dec 1931

Bibliography On Soviet Russia

Michigan Law Review

BIBLIOGRAPHY ON SOVIET RUSSIA

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Book Notes And Notices Dec 1931

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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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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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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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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Anti-Chain Store Legislation, Hugh A. Fulton Dec 1931

Anti-Chain Store Legislation, Hugh A. Fulton

Michigan Law Review

During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …

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