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Articles 10981 - 11010 of 12806
Full-Text Articles in Entire DC Network
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
Michigan Law Review
This is a review of Supreme Court decisions for the past eight years on the subject of the application of the Fourteenth Amendment to state regulation of property and business "devoted to a public use'' or "affected with a public interest,'' if one may be allowed to endorse without recourse these amorphous phrases issued by the court. The field covered is broader than that of strict public utilities which may be subjected to the duty to serve all. It includes all efforts on the part of the states to subject particular enterprises to price regulation. Rates of interest and charges …
Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes
Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes
Michigan Law Review
Theoretically there is an accepted distinction between jurisdiction to exact an inheritance tax and a property tax. Is this distinction of practical significance? Does it influence a court in the concrete decision of a case?
Corporations-Liquidation-Jurisdiction Of Court
Corporations-Liquidation-Jurisdiction Of Court
Michigan Law Review
A recent New Jersey case, Naspo v. Summits Sweet Shoppe, Inc., suggests interesting questions of the jurisdiction of equity over insolvent corporations. In that case, a bill was brought under section 69 of the New Jersey code, by a simple contract creditor with a small claim of $75 praying for the appointment of a receiver and the distribution of the assets. After the court had heard the parties on a motion for the appointment of a receiver, new counsel for the defendant corporation came in at a later hearing, offered to pay plaintiff's claim and asked for a dismissal …
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Bankruptcy-Effect Of Discharge On Assignment Of Expectancy
Michigan Law Review
The Bankruptcy Act of the United States provides for the preservation of liens against a bankrupt's property not specifically declared by the Act itself to be dissolved because of fraud or because obtained within four months prior to the filing of the petition in bankruptcy. A discharge in bankruptcy protects the bankrupt from personal liability but does not affect valid and subsisting liens. These may be enforced after the discharge is granted
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Michigan Law Review
The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …
Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs
Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs
Michigan Law Review
Complainants instituted this suit to set aside an order of the Interstate Commerce Commission prohibiting the transportation of private passenger train cars, including so-called office cars of other carriers, free or at other than published tariff rates. Held, the transportation of a private or office car of another carrier is subject to the filed tariffs which "apply to all traffic transportation and facilities" defined in the Interstate Commerce Act. L. & N. R. Co. and others v. United States, U. S. Sup. Ct. 1931, Adv. Op. No. 333, 51 Sup. Ct. 39.
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax
Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax
Michigan Law Review
The respondent had been convicted and punished in a criminal prosecution for dealing in intoxicating liquors. In a civil action for the collection of taxes imposed as a penalty for non-payment of taxes due because of those particular sales, held, the prior conviction of the defendant constituted a bar to this civil suit for a penalty as double jeopardy even under sec. 5 of the Willis Campbell Act. United States v. LaFranca, U. S. Sup. Ct. Feb. 24, 1931; Adv. Op. No. 74.
Crimes--Burden Of Proving Alibi And Self-Defense
Crimes--Burden Of Proving Alibi And Self-Defense
Michigan Law Review
The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Husband And Wife-Right Of Wife To Sue Husband For Tort
Husband And Wife-Right Of Wife To Sue Husband For Tort
Michigan Law Review
Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.
Perpetuities-Exercise Of General Testamentary Power Of Appointment Creating Perpetuity-Effect On Prior Gift Of Failure Of Gift Over
Michigan Law Review
A, by a will which created a trust of realty and personalty, gave B a life interest with a general power to appoint by will. B exercised this power in her will, appointing to her children for life with other remainders to B's grandchildren. Held, remainder to the grandchildren is void for remoteness, since the period allowed by the rule against perpetuities is calculated as though B's appointment were incorporated in A's will. Interests of B's children are uneffected by the failure of the gift to the grandchildren. Equitable Trust Co. v. Snader (Del. Ch. 1930) 151 Atl. 712.
Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity
Michigan Law Review
Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …
Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor
Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor
Michigan Law Review
The plaintiff manufactured medicines, selling to peddlers who operated as independent contractors. Menning, a peddler, signed a new contract with plaintiff for operations for the ensuing year, the contract also covering payment of existing debts ($1,794) to plaintiff. The defendant, induced by Menning and relying on his statement that there was no existing debt, signed the contract as surety, the guaranty reciting a consideration of $1 received by defendant and an extension of time on any debts. This contract was terminated after seven weeks, and plaintiff sued for $1670, the balance due. The defendant claimed that Menning was plaintiff's agent …
Treaties-Effect Of War On Commercial Treaties
Treaties-Effect Of War On Commercial Treaties
Michigan Law Review
The Sophie Rickmers, a German merchant vessel registered at Hamburg and owned by a German corporation with principal place of business there, entered New York Sept. 27, 1921. Upon its entry a tonnage duty of fifty cents per ton was collected under U. S. Rev. Stat. sec. 4219 as amended by 19 Stat. 250 (46 U. S. C. A. 121), and sec. ,4225 (46 U. S. C. A. 128), in addition to the six-cent tonnage duty under 36 Stat. 111 (46 U. S. C. A. 121). The treaty of the United States made in 1827 with the Hanseatic Republics, 1 …
Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument
Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument
Michigan Law Review
Because of the amount of wealth involved and the prominence of the participants, the recent decision of Surrogate Foley in the surrogate's court of New York county in construing the will of the late Joseph Pulitzer has attracted much public attention. The decision is not without its interest to the legal profession. Mr. Pulitzer in his will expressly prohibited the trustees from selling under any circumstances whatever any stock of the Press Publishing Company, publishers of the "New York World" newspapers. Aside from the shares of stock left in trust the remaining shares are owned by the trustees, Mr. Pulitzer's …
Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus
Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus
Michigan Law Review
The will of the testator gave his widow a life estate in all his property. The estate contained, inter alia, shares of the capital stock of a corporation. After several years the corporation was dissolved, and a "dissolution dividend" was declared which distributed to each stockholder a pro rata share of the proceeds of the sale of all the assets of the corporation. The question in the case was whether any, and if so, how much, of this dividend was to go to the life tenant. It was shown that the earnings of the corporation had been paid out regularly …
Wills-Interlineation-Incorporation By Reference
Wills-Interlineation-Incorporation By Reference
Michigan Law Review
A will was completely executed on one side of the page. In the margin, but above the testator's signature, were written the words, "See other side for completion." On the reverse side were the words, "Continuation from the other side," followed by a dispositive clauses. There was no signature on the second page, but it was proved that these clauses were written before the testator signed on the first page. Under 15 Viet; c. 24, sec.1 no signature shall be operative to give effect to any disposition which is. underneath or which follows it. Held, that the writing on …
Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer
Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer
Michigan Law Review
The plaintiffs, whose regular occupation was that of farming, were under a contract to move a house. The claimant, employed by the plaintiffs to assist in the undertaking (it does not appear whether he was regularly employed by them as a farmhand), was injured when a bridge, over which the house was being moved, fell into the river. Held, the injury was not compensable under the Workmen's Compensation Act since the employment was not "in the course of a trade, business, profession, or occupation'' of the employers. Vandervort v. Industrial Commission (Wis. 1931) 234 N.W. 492.
Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper
Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper
Michigan Law Review
A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.
International Law--State Immunity--Waiver--Execution
International Law--State Immunity--Waiver--Execution
Michigan Law Review
Some interesting illustrations in the field of state immunity have been afforded by the litigation arising out of a contract made by the Swedish State Railways Administration (Kunglig Jamvagsstyrelsen) to buy coal from the American firm of Dexter and Carpenter, shortly after the War. Although the contract was on "c.i.f." terms, the National City Bank, in which funds for the payment for the coal had been deposited, paid for part of this coal- upon presentation of insurance certificates instead of policies. As a consequence, when one shipment of the coal was lost at sea, the Railways were unable to recover …
Sales - Warranty - Theory Of Implied Assignment
Sales - Warranty - Theory Of Implied Assignment
Michigan Law Review
In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: the plaintiff signed an order for a tractor, knowing that the defendant's agent, who solicited the order, had no power to make a binding contract, and knowing, from the face of the order, that there would be no contract till it was accepted at the defendant's home office. The agent's employment was terminated before he sent the order in, so he turned it over to another dealer. The latter did not forward the order to the defendant, but wrote a new one, signed …
Brokers-Liability In Conversion For Sale Of Stolen Bonds
Brokers-Liability In Conversion For Sale Of Stolen Bonds
Michigan Law Review
Plaintiffs, brokers, sold on the Exchange as agents for a supposedly reputable customer, certain negotiable bonds. Purchasers, upon learning that the bonds had been stolen, returned them to the plaintiffs who, pursuant to a rule of the Exchange, substituted other bonds of unquestioned title. In an action by the plaintiffs against an insurance company, subrogated to the rights of the original owners, for a declaration of ownership, held, for the plaintiffs. Gruntal v. National Security Co. (N. Y., Nov., 1930) 173 N.E. 682.
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Michigan Law Review
L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …
Process-Service By Publication In Creditors' Suits
Process-Service By Publication In Creditors' Suits
Michigan Law Review
The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing …
Wills-Future Estates-Descendibility Of Contingent Remainders
Wills-Future Estates-Descendibility Of Contingent Remainders
Michigan Law Review
A testator left property in trust for his wife and son, or the survivor of them, for life. There followed a remainder over the lineal heirs of the son, but should the son die without issue the property was to be divided among specifically named devisees. The son died unmarried and without issue. Representatives of three deceased remaindermen who had predeceased the son claimed shares in the estate. Held, that the shares of the contingent remaindermen had lapsed. In re Coots's Estate (Mich. 1931) 234 N.W. 141.
Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement
Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement
Michigan Law Review
The president of a New York corporation indorsed in blank in the corporate name a check payable to the corporation. He then indorsed the check personally and mailed it to the Banque De Bruxelles, a foreign corporation located in Belgium. The bank in Belgium received it for collection and forwarded it for collection to its correspondent in Washington, D. C. The proceeds were received by the bank in Belgium and credited to the personal account of the president of the New York corporation as directed by him. Later, he withdrew the amount from the bank for his own use. Assignees …
Sales-Implied Warranty Of Fitness Under Uniform Act
Sales-Implied Warranty Of Fitness Under Uniform Act
Michigan Law Review
Defendants, being in need of a coal stoker that would accomplish a particular purpose, made their desires known to plaintiffs. Plaintiffs sold defendants a certain stoker under its trade name, assuring them that it would accomplish their purpose. Defendants were entire.ly ignorant as to the ability or capacity of the stoker and did not know that it even had a trade name, and plaintiffs made the sale knowing that defendants were unfamiliar with the equipment and its operation. The Uniform Sales Act, in force in the jurisdiction, provides in subd. 1 that where the buyer reveals the purpose for which …