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Review: Criminology. By Fred E. Haynes, Arthur Evans Wood

Michigan Law Review

A Review of CRIMINOLOGY. By Fred E. Haynes

Admiralty-Jurisdiction-Workmen's Compensation

Michigan Law Review

The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …

Bills And Notes-Payee As Holder In Due Course

Michigan Law Review

P executed a note and securing mortgage leaving a blank for the name of the payee and mortgagee. A, P's agent, in excess of his authority, filled in the blanks with D's name and with D's knowledge. D in good faith paid full value. Held, under sec. 6055,. Mich. Comp. Laws (1915) D has no claim against P, for he is not a holder in due course. Bronson v. Stetson, 252 Mich. 6, 232 N.W. 741.

Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents

Michigan Law Review

Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …

Landlord And Tenant-Liability For Taxes

Michigan Law Review

Defendant, a lessee, covenanted to pay all taxes assessed against the property. After having been transferred to several parties successively, the lease was surrendered on April 7, 1928, to the original lessor, under an agreement providing that, "the original lessee, and its assigns, shall be released from all further obligations imposed upon lessee in said lease contract." Taxes which had become a. lien. on the property by assessment Jan. 1, 1928, were due in three equal installments payable the following April 15th, July 15th, and Oct. 15th, respectively, Upon the failure of the original lessee to pay the taxes, the …

Torts-Right Of Privacy

Michigan Law Review

Petition by the plaintiffs alleging an invasion of their right of privacy by an unauthorized publication of a picture of their malformed child, taken without their consent after its death, held, on demurrer, to state a cause of action. Bazemore v. Savannah Hospital et al. (Ga. 1930). 155 S.E. 194.

Trusts-Right Of Trustee To Reimbursement For Tort Liability

Michigan Law Review

The recent New York case, In re Lathers presents the question seldom before raised whether a trustee may be reimbursed from the trust estate for tort liability to a third person through his negligence in management of the estate. In that case, as a result of fire in an apartment building of the trust property, the trustee suffered judgments for $62,000 plus costs. The rooms of one apartment, rented by the trustee's agent, had been closed off by the lessee to form several small apartments. For the one subleased to the tort creditor, access to fire escapes, adequate normally, was …

Evidence-Other Crimes

Michigan Law Review

Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.

Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.

Michigan Law Review

When buildings, which are part of the subject matter of an executory contract for the sale of land, are accidentally destroyed by fire, there immediately arises the question of who, as between the vendor and the purchase, shall bear the loss. The majority of courts in this country place it on the purchaser. This was the result reached in the leading English case of Paine v. Meller and has been adopted in the following states: California, Indiana, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota and West Virginia. …

Trusts-Devices For Defeating Rights Of Creditors

Michigan Law Review

Attempts to protect property rights from the claims of creditors are faced at common law with the initial objection that restraints on the power of alienation are wholly ineffective. An exception has been recognized in this country in the case of equitable interests for life or for years. This exception, criticized severely at the time it was first recognized, has established itself in the law of most states in this country, though rejected in two jurisdictions.

Appeal And Error-Judicial Distrust Of The Jury

Michigan Law Review

A statute prescribed ten years in the state penitentiary as the minimum punishment for perjury committed on the trial of an indictment for a felony. In a prosecution for this offense, the trial court erroneously charged the jury that five years was the minimum punishment, to which the defendant excepted. Held, when defendant excepts to such instruction, it is reversible error for which a new trial will be granted. Roley v. State (Okla. Crim. App. 1930) 290 Pac. 195.

Bills And Notes-Checks-Effect Of Alteration Before Acceptance Upon The Acceptor

Michigan Law Review

The plaintiff, drawee, sued to recover money paid to the defendant on a certified check in which the name of the payee had been cleverly altered, and which had been indorsed and negotiated by the substituted payee. The plaintiff had certified the check prior to the negotiation to the defendant, an innocent purchaser for value. Held, that under sec. 62 of the N. I. L. the acceptor "engages that he will pay it [the instrument] according to the tenor of his acceptance; and admits, * * * 2. The existence of the payee and his then capacity to indorse"; …

Carriers-Contract Against Liability For Negligence By Telephone Company

Michigan Law Review

Plaintiff sought to recover for damages to its business resulting from the failure of defendant company to list plaintiff's main office and number and the incorrect listing of plaintiff's branch office in the 1928 telephone directory plaintiff being a subscriber to defendant's service. The contract of service contained a clause providing that defendant shall not be liable "for damages arising from errors or omissions in the making up or printing of its directory." The court held that in the absence of any showing of gross negligence or wilful misconduct; there was no liability for the omission and error. Hamilton Employment …

Contracts-Rescission For Substantial Breach-Lien For Improvements Given Vendee

Michigan Law Review

For statement of facts see preceding note in this issue, Younger v. Caroselli, 251 Mich. 533, 232 N.W. 378.

According to the majority view in the United States, a builder, whose substantial breach of contract (the instant case can hardly be considered one of substantial performance) is merely negligent and in good faith, can recover the value of his labor and materials less the damage caused the promisee.

Crimes-Procedure-Variance Between Indictment And Proof

Michigan Law Review

The plaintiff was convicted of burglary under an indictment alleging that the article stolen was the joint property of two persons. The proof disclosed that it was the sole property of one of them, but this variance was at no time called to the attention of the lower court. On appeal, held, such variance was not reversible error. People v. Oswald (Ill. 1930) 172 N.E. 819.

Marriage--Common-Law Marriage After The Removal Of Impediments Existing At The Time Of The Ceremonial Marriage

Michigan Law Review

An action was instituted for the removal of respondent as administrator of the estate of X, on the ground that the respondent was not the legal husband of the intestate. Both respondent and deceased had living spouses at the time they entered into a ceremonial marriage in 1898, but whether or not they knew of the impediments to the validity of their marriage did not appear on the record. In 1924, the last obstacle to their marriage was removed by the death of respondent's first wife. The parties cohabited for thirty years and continued so to do subsequent to. the …

Parent And Child-Education As A Necessary

Michigan Law Review

Defendant owned a farm where he and his family lived. He owned a car, paid his bills, and lived as comfortably as the average farmer. He provided piano lessons for his twelve-year old daughter, who showed an aptitude for music and was the pianist, of the neighborhood. For tuning a piano at the request of defendant's wife and daughter, plaintiff recovered a judgment of five dollars, based on a verdict that tuning the piano was a necessary for which defendant was liable. Held, that the amount being easily within the means of the father and the service necessary if …

Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality

Michigan Law Review

This action was brought to compel the defendant to operate in Decatur about a mile of its interurban system at an admittedly confiscatory rate. Defendant's predecessor, chartered by the Georgia legislature to acquire and operate street railways, contracted with plaintiff, in return for permission to remove one Decatur line, to operate the line involved and never charge more than a five-cent fare. The cost of service, aside from compensation to capital, exceeded the revenue. With a paving assessment imminent, the carrier offered to surrender its permit to operate, and notified plaintiff that it would discontinue service. The city refused to …

Specific Performance-Uncertainty Of Contract

Michigan Law Review

Bill for specific performance of a contract made with defendant's assignor. Defendant was the assignee of some leases, and took with notice of the contract with his assignor. By the contract the owner of the leases "sold, and does sell" to plaintiff all the natural gas that he might produce under them. Either party was given the right to terminate if production fell below a certain point, and it was also provided that unless terminated under this provision, the contract was to remain in force during the entire time that gas was produced "in paying or marketable quantities." Defendant showed …

Statutes-"Reasonable Speed"-Interpretation

Michigan Law Review

In an action for damages arising out of an accident the instruction was given :that the intersection was a closely built-up portion of the city within the meaning of sec. 12003, 110 Ohio Laws p. 138 which provided, "A rate of speed greater than fifteen miles an hour in the business or closely built-up portions of a municipal corporation or more than twenty-five miles an hour in other portions thereof * * * shall be prima facie evidence of a rate of speed greater than is reasonable and proper." Upon each corner of the intersection there were buildings two or …

Torts-Negligence-Duty To A Seen Trespasser-Child Trespassers

Michigan Law Review

The defendant was hired by the owner of some waste land to cut down a tree. The land was unfenced and the children of the neighborhood used. it as a playground, although they had no license to do so. When the cutting of the tree began, a crowd of children gathered, and though driven away they returned. With but one root remaining the defendant cut it without further warning, and the infant plaintiff was injured by the falling tree. The trial court found that the defendant was guilty of negligence; that this negligence was the proximate cause of plaintiff's injury; …

Wills-Presentation Of Claims

Michigan Law Review

An action on a contract was commenced against the testator during his life time. After his death notice was given to claimants to present their claims as provided by statute, P. L. 1920 p. 96. On the expiration of the time limit the court granted a rule barring further presentation of claims. The action begun against the testator was then revived against the executor in pursuance of statutory authority, 1 Comp. St. 1910, p. 4. Held, that the action commenced against the testator was properly revived against the executor in accordance with the abatement statute, supra. Pull v. Nagle …

The Law Of Unfair Competition And Trademarks, Milton Handler

Michigan Law Review

A Review of THE LAW OF UNFAIR COMPETITION AND TRADEMARKS By Harry D. Nims.

Cases On Pleadings And Procedure, Mason Ladd

Michigan Law Review

A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 29, Issue 4 of Michigan Law Review

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …

Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger

Michigan Law Review

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.

Some Inadequacies In The Law Of Arrest, John Barker Waite

Michigan Law Review

Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?

Aliens-Probationary Period In Naturalization

Michigan Law Review

The petitioner, a Norwegian, who was awaiting a final hearing upon his petition for naturalization, married a Norwegian woman in Windsor, Ontario, believing that their marriage would make it possible for her to enter the United States. Upon application to the American consul they were advised that she would have to wait for a vacancy under the Norwegian quota. The wife could speak no English, they had little money, and the husband believed that his employment depended upon his immediate return to Detroit. In desperation they hired a boat and crossed the St. Clair River to the United States where …

Carriers--Rates-Construction Of Hoch-Smith Resolution On Power Of Interstate Commerce Commission Over Railroad Rates

Michigan Law Review

California growers have for several years complained that railroad freight rates to eastern points on decidious fruits were unreasonably high, contributing to their suffering from the agricultural depression. In 1925, the Interstate Commerce Commission found these rates not reasonable nor unduly prejudicial, 100 I. C. C. 79. That year, Congress passed the Hoch-Smith Resolution, c. 120, 43 Stat. 801, 49 U. S. C. A. 55. This provided for investigation of rate structures by the Interstate Commerce Commission, and stated that in rate-making due regard should be paid to conditions in the various industries, the market-value levels of commodities, the natural …