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Michigan Law Review

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Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay Aug 1942

Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay

Michigan Law Review

Plaintiff, a telephone subscriber, alleged that the defendant telephone company negligently severed the telephone connection between the plaintiff's house and defendant's central operating station and negligently failed to give plaintiff notice of the disconnection; that as a result, the plaintiff was delayed in notifying the fire department of an outbreak of fire on his property; and that the property was thereby destroyed. Plaintiff sought to recover damages for the resulting injury to his property. Held, defendant's duty to use due care was an implied term of the contract, and special damages growing out of a breach of such a …

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Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr. Aug 1942

Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.

Michigan Law Review

Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of …

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Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff Aug 1942

Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff

Michigan Law Review

The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section …

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Trusts - Accumulation Of Income, James L. Mccrystal Aug 1942

Trusts - Accumulation Of Income, James L. Mccrystal

Michigan Law Review

Testator left his estate in trust until twenty-one years after the death of two nieces, the trust income to be used first to pay several annuities and the remainder "to be re-invested by the trustee for the increase and benefit of this trust fund." At the expiration of twenty-one years after the death of both nieces the trust was to terminate and the estate to be distributed. The lower court held that, while the trust did not violate the rule against perpetuities nor the District of Columbia statute as to the suspension of the power of alienation, the trust income …

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Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter Aug 1942

Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter

Michigan Law Review

A executed an instrument without the formalities of a will, transferring securities to B. It was provided therein that B should hold, manage, sell, and invest according to A's written directions, and should retransfer to A if A so directed. A further reserved the right to alter the "ultimate beneficiary" and also to terminate the trust on notice to B, in which event B should retransfer to him securities and investments as well as net income otherwise payable to A at fixed intervals during A's life. On A's death, the trust was to become absolute …

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Monthly Periodical Index, Michigan Law Review Aug 1942

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

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

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Book Notes, Michigan Law Review Aug 1942

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review Jun 1942

Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review

Michigan Law Review

Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …

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Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein Jun 1942

Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein

Michigan Law Review

In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …

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Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review Jun 1942

Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review

Michigan Law Review

At a public sale, the trustee in bankruptcy struck off to the plaintiff a bankrupt's assets for $16,850, a reasonable price. A referee vacated the sale when a private bidder offered $150 more and insured reopening of the bankrupt's mines and employment of its former employees. The sale was finally confirmed to the private bidder at a price only $50 in excess of the final offer made by the highest bidder at the public auction. Plaintiff appealed to the court to review the referee's order. Held, although the courts do not generally approve of vacating a fair public sale …

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Taxation - Excise Taxes - Meaning Of Dues Or Membership Fees Under The Fereral Revenue Acts, William H. Shipley Jun 1942

Taxation - Excise Taxes - Meaning Of Dues Or Membership Fees Under The Fereral Revenue Acts, William H. Shipley

Michigan Law Review

The Winchester Country Club's by-laws provided for "annual dues" of fifty dollars which entitled the member to all the privileges of the club except golf. By paying fifty dollars more for "full privileges," members obtained the privilege of playing golf for a year. The club's practice was to bill members annually in advance, measured by the privileges previously held. If after such billing a member indicated that he did not want the golf privilege, no attempt was made to collect the charge. The federal government collected taxes on payments to the club for golf privileges on the ground that the …

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Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer Jun 1942

Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer

Michigan Law Review

The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is …

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Front Matter, Michigan Law Review Jun 1942

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 40, Issue 8 of Michigan Law Review

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Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin Jun 1942

Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin

Michigan Law Review

The employer entered into a collective bargaining agreement with the employees as represented by Union A, recognizing Union A as the exclusive bargaining agent and giving it a closed shop. The contract was entered into in September, 1940, and was to last until September, 1942, with a provision for certain modifications before that time. Pending negotiations for modifications, a large number of the members of Union A decided to transfer affiliation to Union B. On September 24, 1941, Union B filed a petition under the Wagner Act to be certified as the sole bargaining agent. Union A resisted …

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Antitrust During National Emergencies: Ii, Thomas K. Fisher Jun 1942

Antitrust During National Emergencies: Ii, Thomas K. Fisher

Michigan Law Review

The effects of the Depressions of 1893 and 1929, the Panic of 1907, and World War I upon the enforcement and substantive content of the antitrust law were examined in the first part of this article. Because of the change in government policy toward the law as effected in the early months of the Roosevelt administration, the Depression of 1929 was divided into the years under the Hoover administration and the years under the Roosevelt administration. We have noted that during the former period only twenty-five actions were brought to enforce the law. The legislative policy of that administration in …

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Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams Jun 1942

Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams

Michigan Law Review

By various acts the directors and officers of a corporation--its agents for the conduct of corporate business--may wrong the corporation or make possible a wrong to the corporation or to the body of corporate stockholders. When the corporation becomes involved in insolvency proceedings, in order to make available to creditors as many assets as possible, the receiver or trustee in bankruptcy determines whether some cause of action will lie to recover damages or property, or whether he may successfully defend to preserve assets. If the corporation itself could have been successful in the litigation, the solution would be easy because …

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Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge Jun 1942

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge

Michigan Law Review

During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …

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Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster Jun 1942

Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster

Michigan Law Review

Stated briefly, the effect of T. D. 5032 has thus been to revert to the original test of payment of premiums for determining when insurance has been "taken out" by the decedent, and to abandon ownership of the policy as a basis for including the proceeds in decedent's estate, thereby departing from the fundamental theory of estate taxation. Thus the regulations, in closing one door to tax avoidance, apparently open another. While this avenue of escape may be narrowed by judicial interpretation, a change in the regulations probably will be required to seal it completely.

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Current Phases Of Derivative Actions Against Directors, Ralph M. Carson Jun 1942

Current Phases Of Derivative Actions Against Directors, Ralph M. Carson

Michigan Law Review

In assuming to discuss in this place some of the current phases of stockholders' derivative actions against directors of corporations, I shall try to keep a course between two extremes. On the one hand, it is of little use to fulfill the easy duty of enunciating general rules of law, stated in such a form that both parties in a contested cause may equally invoke them. Nor, on the other hand, is it of much value to fill an hour's time with details of cases recently decided which, although interesting in themselves, resist general application. What I shall try instead …

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Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin Jun 1942

Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin

Michigan Law Review

Decedent's father, a resident of Massachusetts, by his last will created a trust of the residue of his estate, consisting of intangibles, and gave one share to decedent for life, with remainder to whomsoever decedent should appoint by will. The trust was administered in Massachusetts and there was no question as to that state's power to tax. Decedent, a resident of New York, appointed his share to his widow. The New York courts held that although the interest of the decedent fell within the provisions of the New York tax law imposing a tax upon the transfer of the net …

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Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff Jun 1942

Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff

Michigan Law Review

Plaintiff manufacturer sued, inter alia, for copyright infringement in the appropriation of the content of his catalogues by defendant, a former employee. It appeared that plaintiff had known of the infringement for over three years before filing suit, during which time he had made no protest or complaint, but had stood by while defendant incurred large expense in printing and distributing the catalogues. Held, plaintiff's laches barred relief for the infringement. Wiegand Co. v. Trent Co., (C. C. A. 3d, 1941) 122 F. (2d) 920.

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Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review Jun 1942

Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review

Michigan Law Review

Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …

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Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree Jun 1942

Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree

Michigan Law Review

Respondent manufactured and leased patented devices used in the canning industry for depositing salt tablets. One condition in the leases for these machines required licensees to use with the patented machines only tablets sold by respondent's subsidiary. Respondent sued in the district court for an injunction and an accounting for infringement of its patent by petitioner, who manufactured and leased infringing salt-depositing machines. Upon petitioner's motion to dismiss on the ground that respondent was making use of its patent to restrain the sale of salt tablets in competition with its own sale of unpatented tablets, the trial court granted a …

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Taxation - Federal Estate Tax - Powers Of Appointment - When Property Subject Thereto Is Taxable As Part Of Donee's Estate - Effect Of A Compromise, Charles J. O'Laughlin Jun 1942

Taxation - Federal Estate Tax - Powers Of Appointment - When Property Subject Thereto Is Taxable As Part Of Donee's Estate - Effect Of A Compromise, Charles J. O'Laughlin

Michigan Law Review

The decedent was a beneficiary of a trust established by his father and of two other trusts created by his mother. From his father's trust the decedent was to receive a portion of the income prior to his twenty-eighth birthday, when he was to receive the principal and accumulated income. His mother's trusts gave him the income for life, subject to certain restrictions before he attained the age of twenty-eight. Under all three trusts he had a general testamentary power of appointment. In case of nonexercise of this power, decedent's descendants were to be default takers under the donor's will, …

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Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin Jun 1942

Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin

Michigan Law Review

The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered …

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Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review Jun 1942

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review

Michigan Law Review

Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …

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Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf Jun 1942

Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf

Michigan Law Review

A dispute between International Union of Aluminum Workers and the Aluminum Company of America arose over the extension of a wage differential between the latter's northern and southern plants and the lack of a substantial differential between workers on the day, afternoon and night shifts. After the parties had failed to settle the dispute, the National War Labor Board took jurisdiction. Held, the north-south wage differentials should be whittled down, but not so drastically as to produce disruptive effects, and the night workers should be entitled to moderate bonuses. The board based its decision on two fundamental premises: (1) …

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Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review Jun 1942

Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review

Michigan Law Review

Plaintiff was lessor and defendant was lessee under a ninety-nine year lease. After thirty-one years had expired under the lease, defendant gave notice of his intention to quit at the end of the current quarter. Plaintiff informed defendant that he would not accept a surrender, but before the end of the quarter defendant abandoned the premises. When defendant refused to pay rent for the next quarter as it became due, plaintiff sued for the difference between the rent reserved for a thirty-year period and the fair rental value for such a period. Held, the repudiation constituted a total breach …

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Monthly Periodical Index, Michigan Law Review Jun 1942

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

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