Digital Commons Network^™

The Installment Land Contract As A Junior Security, E. George Rudolph

Michigan Law Review

It is the purpose of this paper to explore the problems of one group whose members are increasingly, and more or less as a matter of necessity, finding themselves in the role of mortgagees, or vendors under installment purchase contracts, although they do not fit the assumed pattern. This group consists of persons who own homes subject to existing mortgages and for one reason or another decide to sell. The existing mortgages may be insured by the Federal Housing Administration or by the Veterans Administration or they may be uninsured mortgages held by building and loan associations or other financial …

Corporations - Shareholders - Majority Liability For Improper Stock Redemption By Corporation And For Misrepresentations In Private Stock Purchases From Minority Holders, James M. Tobin

Michigan Law Review

In 1942 a seemingly innocuous suit was brought against the Axton-Fisher Tobacco Corporation to determine the propriety of the alteration of a stock redemption. In 1955 Judge Leahy of the Federal District Court for Delaware handed down an opinion on the damages and relief to be given in the case in what he hopefully termed was the final phase of this famous litigation. It is the purpose of this comment to appraise the basis of the recovery allowed by Judge Leahy. Two readily distinguishable problems will be treated: (1) the nature of relief from a stock redemption called by fiduciaries …

Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg

Michigan Law Review

"How to inform the judicial mind, as you know, is one of the most complicated problems,'' said Justice Frankfurter during argument of the school segregation cases. And as law deals more and more with issues of great public consequence the judiciary's need for knowledge increases. Much of this knowledge is within the realm of what are called the social sciences.

Although jurisprudents and social scientists have long complained of a gulf between law and social science, little notice has been given to the recent, recurrent collaboration between the two at the trial level. In a variety of cases social scientists' …

Descent And Distribution - Effect Of Advancements, Debts And Releases When Expectant Distributee Predeceases Intestate, Eric E. Bergsten

Michigan Law Review

The law of advancements is part of the law of intestate succession. But the right of retainer, which allows an offset against a distributee's share of the estate for a debt owed by the distributee to the decedent, is merely a method of debt collection and historically has not been considered as a part of the law of inheritance. For this and other reasons, the law applicable to advancements in this situation is better treated separately from that concerning debts of predeceased expectant heirs. There are also sufficient differences between the treatment given a release and that of either an …

Bills And Notes - Holders In Due Course - Payment To An Impostor, Thomas S. Erickson

Michigan Law Review

Drawer bank drew a check on the plaintiff bank payable to a depositor on the faith of a withdrawal order purportedly signed by the depositor but actually forged by an impostor. The impostor forged the indorsement and cashed the check at defendant bank which received payment from plaintiff-drawee bank. Two years later, upon the death of the impostor, the fraud was discovered. Plaintiff-drawee bank voluntarily reinstated the drawer bank's account and, standing in the drawer's shoes, it won a judgment to have its account with the defendant reinstated. On appeal, held, reversed. The policy in favor of the free …

Aliens - Denaturalization - Requirement That The Governmnet Be Deceived In Naturalization Proceeding As Basis For Denaturalization, Charles B. Renfrew S.Ed.

Michigan Law Review

Defendant Umberto Anastasio, arrived in this country as a deserting seaman in 1917. A certificate of registry was granted in 1931 upon the fraudulent allegation in his application and testimony before an immigration inspector that he had never been arrested. After filing other papers necessary for naturalization, defendant was issued a certificate of arrival in 1933 based on the certificate of registry. Before obtaining citizenship, however, defendant executed an affidavit which revealed his criminal record and filed a consent of dismissal of his petition for naturalization in 1935. In 1942, while in the United States Army, defendant applied for naturalization …

Constitutional Law - Interstate Commerce - Power Of States To Recalculate Aircraft Operating In Interstate Commerce, Robert W. Steele

Michigan Law Review

Defendant village, located one mile from Idlewild Airport, passed an ordinance prohibiting air flight over the town at less than 1,000 feet. Plaintiffs brought suit to enjoin enforcement of the ordinance, with Civil Aeronautics Board intervening as· plaintiff. The Civil Aeronautics Act of 1938 gives the CAB the authority to regulate aircraft in navigable air space, and the authority to define navigable airspace by setting minimum altitudes for flight. The CAB minimum altitude rules provide that aircraft flying over congested areas shall not be operated below 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet, except …

Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.

Michigan Law Review

In April 1953 petitioner was found to have violated a law by the juvenile court. Being under the age of eighteen, he was committed to the National Training School for Boys of the District 0£ Columbia. He was paroled about a year later but was re-arrested in March 1955 for violation of his parole and brought before the United States Parole Board. Before the parole board could take action he petitioned the federal district court for a writ of habeas corpus on the ground that the action of the juvenile court in 1953 had been unconstitutional in that petitioner had …

Evidence - Admissibility - Extent To Which Juror's Affidavit May Be Used To Impeach Verdict, Herbert R. Brown S.Ed.

Michigan Law Review

Defendant was convicted of murder in the first degree and made a motion for a new trial on the basis of a juror's affidavit which asserted that the jury had been divided eight to four in favor of life imprisonment over the death sentence, that subsequently several jurors introduced into the deliberations the fact that the defendant had been charged, in another indictment, with assault with intent to kill, that this became a part of the jury's deliberation, and that, as a result, the jury did not recommend life imprisonment and, instead, the death sentence was imposed. On appeal, held …

Future Interests - Restraints On Alienation - Validity Of Pre-Emptive Provision, Julian Linde

Michigan Law Review

Defendant purchased a strip of land lying between his residence and the plaintiff's for $2,550. Immediately thereafter and pursuant to a prior understanding, he conveyed the west half to plaintiff for one half the price he paid for the entire tract. As a part of this transaction it was agreed that should either party desire to sell his portion of the lot at any time in the future, he would first offer it to the other at its original cost plus any amounts expended for improvements. When defendant was offered $3,500 for his half seven years later, he disregarded this …

International Law - Sovereign Immunity - Seizure Of Property Under Restrictive Immunity Doctrine, Norman A. Zilber S.Ed.

Michigan Law Review

While in Korea unloading a cargo of rice purchased by the Korean Government, libellant's steamship was damaged by respondent's lighter which was assisting in the unloading operation. Libellant instituted suit against the Republic of Korea in a federal district court. in New York claiming the court had jurisdiction over the respondent by virtue of a writ of foreign attachment on Republic of Korea funds deposited in two New York banks. Respondent, in a special appearance, moved to dismiss the libel on the alternative grounds that property of a foreign sovereign is immune from seizure and that the purchase of rice …

Labor Law - Lmra - Discrimination Discharge - Effect Of Legal Ground For Discharge Where Possible Dual Motivation Exists, Joy Tannian S.Ed.

Michigan Law Review

Respondent discharged an employee under the terms of a union contract which provided that employees could be discharged for failure to carry out the employer's orders. It was undisputed that the employee had failed to submit required reports on at least two occasions. A complaint alleging the commission of an unfair labor practice was filed. The National Labor Relations Board found that the employee had been discharged as a :reprisal for his union activities in violation of section 8 (a)(1) of the amended National Labor Relations Act. The Board ordered reinstatement under section 10 (c) of the act. In an …

Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach

Michigan Law Review

The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …

Municipal Corporations - Police Power - Delegation Of Power To Patrol Highways To Private Corporation, George Kircos

Michigan Law Review

Defendant was stopped for speeding in Comstock Township, Michigan, and given a "violation ticket". by an employee of Charles Services, Inc., a private corporation which patrolled the highway under an arrangement with the township. At the trial defendant objected to the admission of evidence establishing him as the driver of the speeding vehicle on the ground that it was obtained by one not authorized by law to arrest him. On appeal from conviction, held, affirmed. Evidence obtained by the employee of Charles Services, Inc., is admissible because defendant did not sustain the burden of proving that the employee was …

Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson

Michigan Law Review

Defendant installed an oil burner in plaintiff's apartment building. The burner failed to function properly and exploded two months after installation. There was no evidence that the furnace was repaired subsequent to the explosion. Plaintiff continued to use the furnace for four years until a second explosion caused considerable damage to the building. Upon inspection, the cause of the explosions was found to be a defective system of heating and piping the oil. Plaintiff brought this action for breach of implied warranty to install the furnace in a good and workmanlike manner and recovered consequential damages. On appeal, held, …

Cml- Procedure - Jurisdiction - Recent Legislation Asserting Jurisdiction Over Nonresident Tort-Feasors, A. Duncan Whitaker

Michigan Law Review

A recent Illinois statute provides inter alia that a nonresident person who commits a tortious act within the state submits to the jurisdiction of the state as to any cause of action arising out of such act. The statute provides that process personally served on the defendant outside the state shall have the same force and effect as though the summons had been personally served within the state. Ill. Rev. Stat. (1955) c. no, § 17.

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

Corwin & Koenig: The Presidency Today, Robert A. Dahl

Michigan Law Review

A Review of The Presidency Today. By Edward S. Corwin and Louis W. Koenig.

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.

Taxation - Liens -Priority Of A Subsequent Federal Tax Lien Over An Antecedent Inchoate Lien, John B. Huck S.Ed.

Michigan Law Review

The purpose of this comment is to analyze the rationale, in terms of both statutory construction and policy, of the theory that only a choate garnishment lien is superior to a subsequent tax lien.

Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.

Michigan Law Review

The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …

Corporations - Officers And Directors - Effect Of An Equitable Lien On Directors' Liability, Robert Steele

Michigan Law Review

Defendants, directors of a corporation, appealed from a judgment against them in favor of their company's creditor. The corporation had executed a note promising to repay plaintiff's loan out of the funds from a forthcoming stock issue. The board of directors passed a resolution ordering the officers to repay plaintiff in this manner. The money was then spent for other purposes, with the knowledge of the individual directors, after which the corporation became insolvent. On appeal, held, affirmed. The note and resolution imposed an equitable lien on the fund from the stock sale. The corporation's conversion of this interest …

Taxation - Federal Income Tax - Damages For Injury To Business As Return Of Capital Or Income, Eric Bergsten S.Ed.

Michigan Law Review

The taxpayers, owners of two movie theatres, recovered $36,000 in a compromise settlement of a Clayton Act suit against the major distributors and exhibitors. The taxpayers claimed that the amount received was a return of capital. The Commissioner claimed the amount received represented the recovery of lost profits. Held, Commissioner upheld. The evidence presented did not warrant a finding that any part of the sum recovered represented a return of capital. Chalmers Cullins, 24 T.C. 322 (1955).

Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.

Michigan Law Review

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the …

Bills And Notes-Discharge-Intentional Destruction Due To Mistake As A Discharge, Richard S. Weinstein S.Ed.

Michigan Law Review

The holder of sixteen bonds issued by defendant destroyed the bonds believing them to be worthless after they had been in default as to both principal and interest for six years. Ten years later the defendant went into bankruptcy for reorganization and the holder learned that under the plan of reorganization the bonds were exchangeable for $400 in cash and $600 in preferred stock. When defendant refused to recognize the indebtedness even though the holder tendered an indemnity bond against wrongful payment, the holder instituted suit to recover the value of the bonds. The lower court denied relief to the …

Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi

Michigan Law Review

Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is "the inescapable element of due process" and cannot …

Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.

Michigan Law Review

In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …

Trusts - Life Insurance Trusts - Contingent Unfunded Life Insurance Trust As Testamentary Disposition, Jerome K. Walsh Jr.

Michigan Law Review

Settlor named defendant bank beneficiary of eight insurance policies on his life. At the same time he entered into a trust agreement with the bank under which the bank was to hold the policies until the death of the settlor and, upon his death, collect the proceeds and distribute them according to one of two alternate methods of distribution. If his wife elected to reject the provisions made for her in his will and insisted on her statutory share of his estate, then the insurance proceeds were to be divided info four equal parts and paid to his four daughters. …