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Articles 5851 - 5880 of 12807
Full-Text Articles in Entire DC Network
Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie
Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie
Michigan Law Review
Defendant corporation was prosecuted along with its officers .and employees for submitting false statements on FHA insured loans and for conspiracy. After return of indictment the corporation was voluntarily dissolved under Texas law. The corporation's motion to dismiss the indictment on the ground that dissolution abated the prosecution was overruled. On appeal, held, affirmed. Article 1388 of the Texas civil statutes which constitutes the president and directors trustees "to settle the affairs" of a dissolved corporation and to "maintain or defend judicial proceedings," continues the corporation in existence for the purpose of defending federal criminal proceedings. Alamo Fence Company …
Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Michigan Law Review
Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Michigan Law Review
More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …
Corporations - Liabilites - Inadequate Capitalization As Ground For Disregarding Corporate Entity, Lewis L. Clum
Corporations - Liabilites - Inadequate Capitalization As Ground For Disregarding Corporate Entity, Lewis L. Clum
Michigan Law Review
Defendant Resnick, meeting minimum statutory incorporation requirements, organized a corporation and thereafter persuaded defendants Cowan to join him in operating a used car enterprise under the corporate name. No stock was issued, nor capital paid in, although a checking account was opened for use by the business. Car purchases were financed through loans made or guaranteed by the elder Cowan, who held title until resale. Proceeds from resale transactions were deposited in the checking account, from which defendant Resnick reimbursed Cowan for money advanced. Sales volume averaged from $100,000 to $150,000 monthly. Assured that the elder Cowan was "backing" the …
Regulation Of Business - Sherman Act - Effect Of Trade-Mark On Scope Of Relevant Market, Robert H. Kapp S. Ed.
Regulation Of Business - Sherman Act - Effect Of Trade-Mark On Scope Of Relevant Market, Robert H. Kapp S. Ed.
Michigan Law Review
Defendants are American corporations marketing trade-marked toilet goods obtained from their French affiliates. In each case the French company transferred to the American company trademark rights covering imported products. Pursuant to section 526 of the Tariff Act of 1930 defendants filed with the Bureau of Customs certificates of registration of these trade-marks for the purpose of preventing the competitive importation of products bearing the same trade-marks. In an action by the government charging that utilization of section 526 by each defendant constitutes an attempt to monopolize and a monopolization of the importation and sale of these trade-marked commodities in violation …
Corporations - Capital And Stock - Applicability Of Restrictions On Transfer Of Stock To Transfer Caused By Death, Robert P. Luciano
Corporations - Capital And Stock - Applicability Of Restrictions On Transfer Of Stock To Transfer Caused By Death, Robert P. Luciano
Michigan Law Review
The stock of the Taylor Trunk Company, with the exception of the two shares now in controversy, was divided equally between two brothers, the remaining two shares having been held by a third brother now deceased. A by-law provided: "That no transfer or sale of the stock of the Company can be made without first offering said stock for sale to the remaining stockholders. . . ." The administrator with will annexed and the legatee of the decedent sought in this action to have the two shares of stock owned by decedent at his death transferred on the books of …
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Michigan Law Review
Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.
Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Michigan Law Review
H and W each conveyed their separate farms to themselves as joint tenants by means of a third-party conduit. The deeds were not recorded, and H and W continued to regard their respective farms as belonging to themselves individually. In 1951, W, faced with imminent death, executed a will calling for the payment of certain bequests out of her farm or its proceeds. H agreed to act as executor and promised that the bequests would be paid. H had recorded the joint tenancy deeds before W died, but had not paid the bequests when he died intestate two years …
St. John-Stevas: Obscenity And The Law, William B. Lockhart
St. John-Stevas: Obscenity And The Law, William B. Lockhart
Michigan Law Review
A Review of Obscenity and the Law . By Norman St. John-Stevas
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown
Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown
Michigan Law Review
A Review of The Legacy of Holmes and Brandeis . By Samuel J. Konefsky.
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 56, Issue 1 of Michigan Law Review
Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause
Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause
Michigan Law Review
Plaintiff, a spectator at a public wrestling match, sustained injuries when another spectator threw a filled Coca-Cola bottle into the crowd. A disturbance had been in progress for several minutes. The guards hired by defendant, the owner of the establishment, had made no effort to stop it. The bottle was grabbed from the tray of a drink vendor who had been instructed to retain all bottles and to serve drinks in paper cups only. The trial court granted a nonsuit. On appeal, held, reversed. The evidence of the owner's negligence in not protecting the spectator from this injury sufficed …
Sales - Breach Of Warranty - Notice Required By Section 49 Of Uniform Sales Act Must Be Given To Seller Or His Agent, Thomas A. Troyer S.Ed.
Sales - Breach Of Warranty - Notice Required By Section 49 Of Uniform Sales Act Must Be Given To Seller Or His Agent, Thomas A. Troyer S.Ed.
Michigan Law Review
Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boiler manufacturer. The order having been transmitted by Burke to plaintiff, the manufacturer's exclusive distributer in the area, the burner units were delivered. Defendant discovered certain defects in their specifications, notified Burke to this effect, and withheld payment of part of the purchase price. In an action by plaintiff for this unpaid balance of the agreed price, defendant asserted plaintiff's breach of warranty by way of recoupment. On appeal of the trial court's judgment for plaintiff, held, affirmed. Defendant could not successfully claim breach of …
Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.
Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.
Michigan Law Review
The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Michigan Law Review
Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Michigan Law Review
In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …
The Legal Status Of The Red Cross, Wesley A. Sturges
The Legal Status Of The Red Cross, Wesley A. Sturges
Michigan Law Review
Red Cross is a term well known in the world at large; so is the heraldic emblem of the red cross on a white background. Many people in many lands use them to indicate and symbolize a variety of humanitarian purposes, principles and services. When the term is used as a proper name, generally it identifies an organization which is lawfully authorized to carry out those purposes and services under that name. Organizations by that name have been accorded exclusive authority to carry out the given humanitarian programs, exclusive authority to use the words, whether as a proper name or …
Creditor's Rights - Garnisment -Garnishment Of Branch Banks, Thomas S. Erickson S.Ed.
Creditor's Rights - Garnisment -Garnishment Of Branch Banks, Thomas S. Erickson S.Ed.
Michigan Law Review
Under traditional legal analysis, branch banks are regarded as mere agencies of the banking corporation. Service of process on their officers binds the corporate principal. With the principal thus having knowledge, ". . . that knowledge or notice communicated to the principal, which imposes a duty upon it, becomes by that circumstance, the knowledge of all its agents when acting in an official capacity." Garnishment at a branch bank would therefore seem to impose upon the bank corporation the duty of impounding funds of the principal debtor regardless of the particular branch in which they were located. If funds of …
Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.
Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.
Michigan Law Review
In four recent cases involving the Federal Employers Liability Act the Supreme Court of the United States, after granting certiorari, reviewed the facts of the cases to determine if there was sufficient evidence to allow the cases to be heard by a jury. Justice Frankfurter in a lengthy dissenting opinion refused to hear these cases on their merits. He would have dismissed them on the ground that certiorari was improvidently granted, although no new evidence warranted this conclusion. Justice Frankfurter maintained that any justice has a right to refuse to hear a case after certiorari has been granted, and that …
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …
Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.
Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.
Michigan Law Review
After a fire occurred on the premises of appellants' corporation, the state fire marshal started an investigation into the causes of the fire, and subpoenaed appellants to appear as witnesses. Ohio law provides that such investigations may be conducted in private and gives the fire marshal power to punish summarily witnesses who refuse to testify. Appellants refused to testify without the presence of their counsel, who had accompanied them to the place of questioning. Appellants were thereafter committed to the county jail by the deputy fire marshal who conducted the investigation. On appeal from denial of a writ of habeas …
Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.
Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.
Michigan Law Review
Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant's business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company's volume of business did not meet the Board's revised minimum "jurisdictional" standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board's determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme …
Partnerships - Partnership By Estoppel - Proof Of Reliance By Creditor Dealing With Persons In Belief Of Partnership, Allen Dewey
Partnerships - Partnership By Estoppel - Proof Of Reliance By Creditor Dealing With Persons In Belief Of Partnership, Allen Dewey
Michigan Law Review
Plaintiff telephone company sued to collect for local and long distance telephone service rendered through telephone number 196W. Defendant Walter R. Lehmann denied liability on the ground that the service was not furnished to him but to his son, Wayne R. Lehmann. The telephone was located in Wayne's business headquarters, a building on defendant's farm, over which hung a sign "W. R. Lehmann & Son-Dairy Cattle." Plaintiff carried the telephone in Wayne's .name for fifteen months, until, at Wayne's request, the listing was changed to W.R. Lehmann & Son. The change was made for the 1953 and 1954 directories, and …
Criminal Law - Due Process - Public Policy As Valid Grounds For Denying Recovery Of Proceeds Of Illegal Act, John Morrow S.Ed.
Criminal Law - Due Process - Public Policy As Valid Grounds For Denying Recovery Of Proceeds Of Illegal Act, John Morrow S.Ed.
Michigan Law Review
Plaintiff collected a $10 fee from a number of persons for the privilege of attending a farm outing and photographing female models, some of whom posed in the nude. The sheriff arrested all concerned. Plaintiff pleaded guilty to a charge of outraging public decency and was fined $50. The others were found guilty of disorderly conduct. Plaintiff brought a trover action against the sheriff who had kept the money ($149) which the plaintiff had collected, but the trial court dismissed the action. On appeal to the New York Court of Appeals, held, affirmed, one judge dissenting. Plaintiff could not …
Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.
Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.
Michigan Law Review
The plaintiff brought suit against two defendants, claiming $56,000 for personal injuries suffered in an accident. Upon return of a jury verdict for the plaintiff in the amount of $3,000, the plaintiff moved for a new trial on the issue of damages. The trial court denied the motion on condition that defendants consent to the entry of a judgment of $9,830.92. Both defendants consented. Plaintiff appealed on the ground that the use of an additur constituted an infringement of his constitutional guarantee of a jury trial. Held/em>, affirmed. Conditioning the denial of a new trial upon the defendant's consent …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
Future Interests - Rule Against Perpetuities - Legislation Exempting Options To Purchase In Leases, Edward A. Manuel S.Ed.
Future Interests - Rule Against Perpetuities - Legislation Exempting Options To Purchase In Leases, Edward A. Manuel S.Ed.
Michigan Law Review
A recent West Virginia statute provides that in all leases subsequently executed, an option to purchase the whole or any part of the leased premises-exercisable during or at the end of the term is not subject to the rule against perpetuities. The statute also provides that the rule against perpetuities shall not constitute a defense to a suit to enforce such an option against the lessor. W. Va. Code (Michie, Cum. Supp. 1957) §3541(3).
Kittelle & Lamb: Trade Association Law And Practice, H. Thomas Austern
Kittelle & Lamb: Trade Association Law And Practice, H. Thomas Austern
Michigan Law Review
A Review of Trade Association Law and Practice By George P. Lamb and Sumner S. Kittelle, assisted by Carrington Shields.