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Michigan Law Review

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Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will Jun 1951

Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will

Michigan Law Review

A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).

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Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed. Jun 1951

Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.

Michigan Law Review

The respondent suffered a loss by fire, and being uncertain as to which party was liable to compensate for this loss, joined the petitioner and two others as defendants in a suit asking for alternative relief. The petitioner and one of the defendants were insurance corporations with residence outside the state, while the third defendant's residence was the same as that of the respondent. The corporate defendants secured removal of the case to the federal court, and on a trial of the issues, a judgment was rendered for the respondent against the petitioner in the amount of the insurance claimed …

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Taxation-Federal Gift Tax-Transfers Made Pursuant To Postnuptial Separation Agreements, Douglas L. Mann S. Ed. Jun 1951

Taxation-Federal Gift Tax-Transfers Made Pursuant To Postnuptial Separation Agreements, Douglas L. Mann S. Ed.

Michigan Law Review

Taxpayer and her husband entered into a property settlement whereby she agreed to make certain payments to him in return for his promise to relinquish all marital rights in her property. The agreement was not to become operative unless a divorce decree was entered in a then pending action, but it was further provided that "the covenants in this agreement shall survive any decree of divorce which may be entered." The subsequent divorce decree approved the agreement and directed performance of its provisions. The Tax Court, which expunged the gift tax deficiency assessed by the Commissioner, was reversed by the …

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Taxation-Federal Income Tax-Accounting For Money Mistakenly Received Under A Claim Of Right, Allan Neef Jun 1951

Taxation-Federal Income Tax-Accounting For Money Mistakenly Received Under A Claim Of Right, Allan Neef

Michigan Law Review

The plaintiff taxpayer, as the general manager of a manufacturing corporation, received a bonus of approximately $22,000 for the 1944 calendar year, pursuant to a percentage-of-net-profits bonus arrangement. In 1946, a state court found that this bonus had been erroneously computed, and that the terms of the agreement only called for a payment to the plaintiff of about $11,000 for the prior year. As a result of this adverse judgment, the plaintiff repaid the excess to the corporation, and filed an amended tax return and a timely claim for a refund of the prior tax on such amount with the …

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International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef Jun 1951

International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef

Michigan Law Review

A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …

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Trusts-Construction-Whether Devise Of "Any Undisbursed Income" After Life Tenant's Death Includes Income Which Accrued Before Life Tenant's Death, Jean Engstrom S. Ed. Jun 1951

Trusts-Construction-Whether Devise Of "Any Undisbursed Income" After Life Tenant's Death Includes Income Which Accrued Before Life Tenant's Death, Jean Engstrom S. Ed.

Michigan Law Review

Testator's residuary estate was put in trust to pay income, dividends and profits to the testator's wife "so long as she shall live." In the same paragraph the will provided that at her death the "trustee shall stand seized and possessed of said residuary estate including any undisbursed income in trust." In a sub-paragraph the trustee was directed to "pay over the balance of said residuary estate to St. Joseph's Hospital." During her widowhood, testator's wife was in Switzerland where wartime exchange controls precluded payment of income to her under the terms of the trust. Both her administrator and the …

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Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed. Jun 1951

Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed.

Michigan Law Review

Testatrix set up a testamentary trust which was to continue "until the death of the last survivor of such of my children, grandchildren and any widow of my son, surviving him as shall be living at my decease." Upon the death of any child the trustee was directed to pay to "the husband or widow" of such child a part of the principal or an annuity from the income of the trust. Testatrix' son remarried after her death and on his death the trustee brought this action to determine whether the second wife who was living at testatrix' death, was …

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Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed. Jun 1951

Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.

Michigan Law Review

A suit was brought for construction of a will bequeathing a sum of money "To the Home for the Aged located at 2007 N. Capitol Avenue, Indianapolis, Indiana." A home for the aged was conducted at that address by Altenheim of Indianapolis, while Indianapolis Home for the Aged, Inc. was located at 1731 N. Capitol Avenue. The probate court resolved the contest in favor of Altenheim of Indianapolis, holding the bequest to be unambiguous. On appeal, held, reversed. Upon attempted application the bequest was ambiguous and extrinsic evidence was admissible to interpret the language employed. One judge dissented on …

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Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed. Jun 1951

Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.

Michigan Law Review

An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing $10,000 each to his nieces, Gertrude and Julia Byerly. Gertrude had been married but her husband and only child died in 1908. Julia was married and had a son, the plaintiff. In June 1916, testator visited the nieces and the plaintiff and in December 1916, he added a codicil to his will reducing the bequests to the nieces to life estates with remainder to "the child of …

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Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey Jun 1951

Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey

Michigan Law Review

A Review of SELECTED ESSAYS ON FAMILY LAW. Compiled and Edited by a Committee of the Association of American Law Schools.

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Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee Jun 1951

Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee

Michigan Law Review

A Review of UNJUST ENRICHMENT: A COMPARATIVE ANALYSIS. By John P. Dawson.

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Notes, Michigan Law Review Jun 1951

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

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Monthly Periodical Index, Michigan Law Review Jun 1951

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this REVIEW.

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Taxation-Federal Income Tax-Sale Of Unmatured Crop As Capital Gain Or Ordinary Income, Alan C. Boyd S. Ed. Jun 1951

Taxation-Federal Income Tax-Sale Of Unmatured Crop As Capital Gain Or Ordinary Income, Alan C. Boyd S. Ed.

Michigan Law Review

Petitioner sold a farm owned over six months upon which was a growing but unmatured wheat crop. When taxed upon the amount of sale price apportionable to the crop as ordinary income, he contended that under state law the land was a capital asset and that the growing crop was an inseparable part thereof. He concluded, therefore, that the entire amount should have been taxed as a capital gain. The purchaser testified that he had considered the crop to be worth about $8,500 and that he had deducted this amount in his own tax return as cost of the crop. …

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Monthly Periodical Index, Michigan Law Review May 1951

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this REVIEW.

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Separation Of Powers Revisited, Reginald Parker May 1951

Separation Of Powers Revisited, Reginald Parker

Michigan Law Review

Since administrative law is law that governs, and is applied by, the executive branch of government, it is necessarily as old as that branch. As long as executive and judiciary were one and the same and the king at the head of both, all of the law was in fact "administrative" though the term was not used. When, however, out of the amorphous mass of the legal order a fixed body of law courts began to emerge with jurisdiction over the most important legal problems, the term "administrative law," had it been used, would have acquired a specific meaning. Property, …

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Front Matter, Michigan Law Review May 1951

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 49, Issue 7 of Michigan Law Review

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Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed. May 1951

Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.

Michigan Law Review

Two suits based on the Federal Employers' Liability Act were brought in the Circuit Court of the City of St. Louis, Missouri. In both cases, plaintiff was not a Missouri resident, the defendant carrier was a foreign corporation, and the cause of action arose outside the state of Missouri. A motion to dismiss on the ground of forum non conveniens was denied as beyond the jurisdiction of the court, and mandamus proceedings were begun in the Supreme Court of Missouri to compel the trial court to exercise its discretion in disposing of the motions. The writs were quashed by the …

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Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed. May 1951

Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed.

Michigan Law Review

Testator left his entire estate of less than $7,500 to his wife who had predeceased him. Defendants claimed the estate through operation of the anti-lapse statute, as heirs of the wife. As the distribution statute gave the widow of an intestate the first $7,500 of the estate, plaintiffs, heirs at law of the testator, claimed title on a basis of the "worthier title" doctrine, arguing that the widow, had she lived, would have taken by descent and not by purchase, and therefore the anti-lapse statute did not apply. On appeal from a denial of defendants' motion to transfer the proceeding …

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Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.

Michigan Law Review

When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …

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Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed. May 1951

Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed.

Michigan Law Review

An agreement to limit the contest period in which other than specifically excepted defenses on the policy can be raised by the insurer is a common feature in a modem life insurance contract. Such a clause gives the policy holder and the beneficiary a guaranty against expensive litigation after the lapse of the specified period while reserving to the insurer a reasonable opportunity to challenge the validity of the policy.

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Bills And Notes-Indorsee Taking An Incomplete Instrument As A Holder In Due Course, Cleaveland J. Rice S.Ed. May 1951

Bills And Notes-Indorsee Taking An Incomplete Instrument As A Holder In Due Course, Cleaveland J. Rice S.Ed.

Michigan Law Review

Plaintiff purchased from the payee defendant's note which was blank as to amount, date, and provisions for installment payments. Plaintiff immediately filled up the blanks in accordance with actual authority given by defendant. Held, plaintiff took free of an agreement between defendant and payee that the note was not to be negotiated until completion of work for which note was given, plaintiff having no knowledge of such agreement. First National Bank of Springfield v. Di Taranto, (N.J. Super. Ct., App. Div. 1950) 75 A. (2d) 907.

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Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.

Michigan Law Review

By a Vesting Order, the Alien Property Custodian vested in the Attorney General property of an enemy alien which consisted of a "certain debt or other obligation" underlying bonds issued by the defendant corporation. The defendant corporation was ordered to cancel the said bonds and deliver the proceeds of the redemption and accrued interest to the Attorney General. Upon the trial of the action brought by the Attorney General to enforce these demands, it appeared in evidence that the bond certificates had last been located in the Russian sector of Berlin, Germany, and were there seized by the occupying authorities. …

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Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen May 1951

Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen

Michigan Law Review

Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …

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Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr. May 1951

Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr.

Michigan Law Review

Though as a practical matter it is difficult to secure passage of uniform legislation in all states, particularly when the subject matter has so long been considered as of local interest only, the need for such legislation in the case of the statute of limitations seems clear. To the extent that such a statute is adopted, the problem of varying limitation periods upon particular causes of action and similar causes of action will be removed. Only by a uniform state treatment of the problem will the conflict among federal districts resulting from the uniformity of result requirement of Erie Railroad …

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Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed. May 1951

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

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Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs May 1951

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs

Michigan Law Review

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …

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Taxation-Income Tax-Taxability Of Payments Made To Widows Of Deceased Employees, Douglas L. Mann S.Ed. May 1951

Taxation-Income Tax-Taxability Of Payments Made To Widows Of Deceased Employees, Douglas L. Mann S.Ed.

Michigan Law Review

Payments were made by an employer to the widow of a deceased employee in consideration of services rendered by the employee. Held, the payments were includible in the widow's gross income for federal income tax purposes. I.T. 4027, Int. Rev. Bul., Oct. 16, 1950, 2, 505 CCH ¶6208.

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Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed. May 1951

Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.

Michigan Law Review

In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …

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Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson May 1951

Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson

Michigan Law Review

Plaintiff-mortgagee sued defendant insurance company to recover the amount allegedly due plaintiff under a fire insurance policy covering a mortgaged building. Plaintiff based its right to recovery on a New York standard mortgagee clause incorporated into a New York standard fire insurance policy. Before the suit was instituted, defendant had tendered payment to plaintiff in accordance with the findings of an appraisal of loss conducted by the mortgagor and defendant, which fully complied with the terms of the policy. This tender was rejected by plaintiff, which had no notice of, and did not participate in, the appraisal. Plaintiff contended it …

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