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Articles 11071 - 11100 of 12806
Full-Text Articles in Entire DC Network
Review: The International Mandates. By Aaron M. Margalith, Quincy Wright
Review: The International Mandates. By Aaron M. Margalith, Quincy Wright
Michigan Law Review
A Review of THE INTERNATIONAL MANDATES. By Aaron M. Margalith
Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black
Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black
Michigan Law Review
A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin
Failed Banks, Collection Items, And Trust Preferences, George Gleason Bogert
Failed Banks, Collection Items, And Trust Preferences, George Gleason Bogert
Michigan Law Review
About 1,200 banks failed in the United States during the year 1930, and failures for the years 1921-1929 averaged over 600 a year. Each of these bank failures doubtless involved several problems regarding collection items. In each case it was almost inevitable that there should be found among the assets in the hands of the defunct bank several items held for collection but not yet collected, and also that a number of items should have been collected but no effective remittance made on account of such collection. There thus arose a series of controversies between the banks or individuals which …
Malpractice Actions And Compensation Acts, Paul A. Leidy
Malpractice Actions And Compensation Acts, Paul A. Leidy
Michigan Law Review
S, an employee, is injured as the result of the negligence of his employer, M; S is taken for treatment to the office of X, a competent physician or surgeon selected by S or by M; on this particular occasion X is negligent and as a result of X's negligence S's two weeks' injury is aggravated and the period of disability becomes one of two months' duration. At common law, inasmuch as the original injury was one for which M was legally responsible, S could recover from M for the entire disability-that resulting directly from the original negligence of M …
The New Michigan Court Rules, Edson R. Sunderland
The New Michigan Court Rules, Edson R. Sunderland
Michigan Law Review
There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.
Property-Meander Lines As Boundaries
Property-Meander Lines As Boundaries
Michigan Law Review
In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Michigan Law Review
Plaintiff owning a fee deeded it to his wife in 1893. The wife died in 1911, and plaintiff continued lo reside on the land ever since. Shortly after the wife's death plaintiff told defendants, his daughters, that he and his wife had held the land by" entirety, and that he was, therefore, the sole owner by right of survivorship. Defendants never learned of the deed to the wife until the instigation of this suit. Plaintiff claimed that he had reacquired ownership by adverse possession, and brought a bill to cancel the deed to his wife and remove the cloud from …
Arbitration And Award-Effectof Foreign Arbitration Statute
Arbitration And Award-Effectof Foreign Arbitration Statute
Michigan Law Review
Plaintiff contracted to furnish and defendant to exhibit a number of motion pictures. The contract included an arbitration agreement in which the parties agreed to submit all disputes arising under the contract to a specified board of arbitration and to abide by its award. The arbitration agreement was to be governed by the laws of New York, by which it would have been valid, irrevocable and specifically enforceable. Defendant breached the contract, refused to submit the dispute to arbitration, and failed to comply with the award when plaintiff did so. Plaintiff then brought suit in Ohio to enforce the award. …
Bills And Notes-Trade Acceptance-Reference To The Purchase Agreement
Bills And Notes-Trade Acceptance-Reference To The Purchase Agreement
Michigan Law Review
The defendant drew a trade acceptance in favor of the Turner Manufacturing Co. containing the following provision: "The obligation of the acceptor hereof arises out of the purchase of goods from the drawer, maturity being in conformity with the original terms of the purchase." The drawer indorsed the instrument to the plaintiff bank, a purchaser in due course. Held, that the trade acceptance was rendered non-negotiable by the clause "maturity being in conformity with the original terms of the purchase." First Nat. Bank, Statesville, N. C. v. Power-Equipment Co. (Iowa, 1930) 233 N.W. 103.
Conflict Of Laws-Renvoi Doctrine
Conflict Of Laws-Renvoi Doctrine
Michigan Law Review
H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …
Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Constitutional Law-Due Process-Revocationof Driver's License
Constitutional Law-Due Process-Revocationof Driver's License
Michigan Law Review
Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …
Contracts-Duration Of Offer Specifying A Definite Limit
Contracts-Duration Of Offer Specifying A Definite Limit
Michigan Law Review
By a letter dated Jan. 29, 1929, A offered to exchange certain lands with B and stated in the letter, "I will give you eight days in which to accept or reject this offer." The letter was received on Feb. 2 and the acceptance was telegraphed on Feb. 8, reaching A on Feb. 9. Held, B could maintain a suit for specific performance. Since an offer is not complete until received B accepted within eight days. Caldwell v. Cline (W. Va. 1930) 156 S.E. 55.
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Michigan Law Review
The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.
Crimes-Sentence-Suspension Of Execution
Crimes-Sentence-Suspension Of Execution
Michigan Law Review
The defendant pleaded guilty to an indictment for larceny. He was fined and sentenced to imprisonment for a period of thirty days. Both fine and sentence were conditionally suspended. At a subsequent term, the court, finding that the condition had been violated, ordered the execution of the sentence. Held, that although a court has no power to suspend the execution of a sentence, by making the conditional order of suspension the power later to enforce its judgment was lost. Ex parte Steinmetz (Ohio App. 1930) 172 N.E. 623.
Libel And Slander-Words Actionable Per Se
Libel And Slander-Words Actionable Per Se
Michigan Law Review
Plaintiff brought a slander action, alleging that the defendant had said "You dirty crook, you are the biggest crook in Bedford Avenue." Apparently the declaration alleged no special damages, and contained no innuendo setting forth circumstances which would enlarge the meaning of the statement complained of. On defendant's motion for a dismissal, on the ground that the complaint did not state a cause of action, held, that the words were actionable per se. Weiner v. Leviton (N. Y. App. Div. 1930) 244 N. Y. S. 176.
Sales-Passage Of Title Before Payment Of Purchase Price
Sales-Passage Of Title Before Payment Of Purchase Price
Michigan Law Review
In January, S agreed to sell his business to the plaintiff, who went into possession, took over the lease, and operated the business. He did not have sufficient money to pay the purchase price at the time, and no bill of sale was given. A creditor of S took judgment on a promissory note made by S, of the existence of which note the plaintiff first became aware in February, and levied execution on the goods in the store. The plaintiff filed a claim of property. Held, that there was no sale at the time of the transfer of …
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Michigan Law Review
On a reasonable belief that the prohibition law was being violated, officers entered Marcucci's basement and arrested Marcucci and the other men present. On the table, when the officers entered, were several gallon jugs of wine, and several of the men were intoxicated. Observing that the door at the end of the passageway leading from the room was open, one of the officers investigated and found in the sub-cellar twenty-five barrels of wine. Also, noting a locked door in the sub-cellar, the officer requested the key of Marcucci who at first denied possession but finally produced it. In the closet …
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties
Michigan Law Review
The defendants, accountants, examined the books of the Stern Co., knowing that their balance sheet and 32 certified copies would be exhibited as a basis for future credit, but not knowing of the plaintiff particularly. Through negligence they failed to discover and report insolvency. Relying upon the report showing a solvent concern plaintiff extended credit to the Stem Co. He sued for his loss in two counts, negligence and fraud. Held, defendants had no duty to plaintiff to exercise due care, so he can not recover for negligence in the examination. But defendants might be liable for fraud as …
Trusts - Cancellation - Beneficiaries As Necessary Parties
Trusts - Cancellation - Beneficiaries As Necessary Parties
Michigan Law Review
The plaintiff deeded property to the defendants in trust, for herself for life and on her death to certain named persons. Plaintiff sued the defendants alone for revocation on the ground of fraud and duress. Held, the issue of fraud could not be tried in the absence of the living cestuis. McKnight v. Bank of N. Y. & Trust Co., 254 N. Y. 417, 173 N.E. 568.
Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown
Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown
Michigan Law Review
A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.
Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook
Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook
Michigan Law Review
A Review of HANDBOOK OF THE LAW AND PRACTICS OF BANKRUPTCY. Second Edition. By Henry Campbell Black.
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A list of books received by Michigan Law Review.
Corporations-Subsidiary's Evasion Of Income Tax Law By Contract With Parent Company-Income Attributable To Business Transacted Within The State
Michigan Law Review
The Palmolive company sought to reduce to a minimum the amount of its income taxable in Wisconsin. Three companies were formed which, for convenience' sake, will be designated as: parent company, a Delaware corporation; plaintiff company, a Delaware corporation; and Wisconsin company, a Wisconsin corporation. The parent company acquired all the capital stock of the Wisconsin company, and then acquired all its assets outside the state of Wisconsin, surrendering therefor part of the stock of the Wisconsin company so acquired. The balance of the capital stock of the Wisconsin company the parent company transferred to plaintiff company in exchange for …
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Michigan Law Review
Broad counterclaim statutes are desirable because they allow cross demands to compensate each other, and because they avoid multiplicity of suits. These two advantages are alone sufficient to justify broad counterclaims, but there is a further advantage in that a broad counterclaim statute permits a resident in a suit brought against him by a nonresident to set up any independent claim against that nonresident which-he may have without prosecuting a separate action. Not only is it a heavier expense to bring a separate action, but it is often impossible to do so without going to the domicil of the nonresident …
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Michigan Law Review
Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Michigan Law Review
The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …
Statutes-Indefiniteness As Affecting Vaudity
Statutes-Indefiniteness As Affecting Vaudity
Michigan Law Review
Plaintiff sought to enjoin the enforcement of Public Acts Conn. 1929, c. 296, section 4 of which prohibits the "sale or delivery of lubricating oil for use in motor vehicle engines, that shall not be 'equal to or better in quality and specifications' than that !mown as United States Government Specifications for Motor (Class D) Lubricants." Section 5 provides for all tests to determine quality to be made in accordance with methods contained in a certain technical paper of the Bureau of Mines, made a part of the act. The act further provided fines and imprisonment for violations. The district …
Wills-Legacy On Condition Precedent Impossible Due To Operation Of Law
Wills-Legacy On Condition Precedent Impossible Due To Operation Of Law
Michigan Law Review
Action was brought to determine the rights of a legatee under a will executed in 1928 creating a trust fund for the legatee, son, upon the condition that he pursue successfully a suit instituted by the testator in Chancery in 1922 to establish his claim as a tenant in fee tail to a certain piece of property. The Law of Property Act, passed in 1925, precluded. the right to such suit, thus rendering the condition impossible prior to its creation. Held, where a testator makes a gift of personalty subject to a condition precedent, the fulfillment of which is …