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Full-Text Articles in Entire DC Network
Book Notes, Michigan Law Review
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.
Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr.
Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr.
Michigan Law Review
Plaintiff was a cafeteria operator in a small village. Defendants, two storekeepers in the same village, agreed to inform the wholesaler who supplied both defendants and the plaintiff that they would cease trading with him if he continued to supply plaintiff. The wholesaler acquiesced, and plaintiff's business soon failed because his sole practical source of supply was cut off. At the close of plaintiff's evidence, defendants moved for judgment as in the case of nonsuit, which was granted. Held, affirmed. One of the requisites of an illegal boycott is a conspiracy. Plaintiff failed to show coercion, which is an …
Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review
Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review
Michigan Law Review
Plaintiff's wife, a Caucasian, having business with a tenant on the fifteenth floor, entered defendant's elevator containing other whites. She and a Negro woman were directed by the operator to take an elevator in the rear of the store used for freight and Negro passengers; and being ignorant of this latter fact, she used this elevator. Asserting that she was wrongfully excluded from the elevator for white people and thereby was considered to be a negro by both whites and colored people, she claimed to have suffered mental anguish, humiliation, and physical suffering. Held, the defendant, while not a …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 7 of Michigan Law Review
Procedure In Emergency Price Fixing, Paul B. Rava
Procedure In Emergency Price Fixing, Paul B. Rava
Michigan Law Review
The Emergency Price Control Act is now on the statute book after six months of Congressional debate. It is the purpose of this paper to examine the administrative procedure set forth by the act.
Antitrust During National Emergencies: I, Thomas K. Fisher
Antitrust During National Emergencies: I, Thomas K. Fisher
Michigan Law Review
In this article an examination will be made of the effect of previous national emergencies upon the enforcement and substantive content of the antitrust law. The extent to which the problem as presently constituted has counterparts in the past will be noted. Following the historical survey, consideration will be given to the several steps already taken to accommodate the law to the conditions of an economy in a war of world dimension. In conclusion, suggestions will be made for resolving certain aspects of the problem as yet unsatisfactorily answered. Before entering into a discussion of the past emergencies, a brief …
Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder
Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder
Michigan Law Review
A number of questions dealing with the taxability of commercial annuity policies under death tax statutes have received judicial consideration. By contrast, only a few questions dealing with the taxability of these contracts under income tax laws have been raised before the courts. But the income tax problems are equally important in terms of tax liability. Moreover, they will in the future assume an even larger significance in view of the large number of annuity contracts of various types which have been issued and are now being offered by insurance companies. Accordingly some explanation of these problems is warranted.
Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell
Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell
Michigan Law Review
God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …
Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review
Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review
Michigan Law Review
Smyth v. Ames, source of the elusive principle that has pestered courts and public utility commissions since 1898, is still not a dead letter. Doubtless the only reason its doctrine stands at this late date is that no recent case has forced the Court to reconsider the "fair value" rule. However, in Federal Power Commission v. Natural Gas Pipeline Company of America, decided by the Court on March 16, 1942, three justices took occasion to "lay the ghost" of the 1898 decision once and for all and to declare that the case "erases much which has been written …
Administrative Law - Judicial Review - Status Of Captive Mines Under The National Bituminous Coal Act -, Eric Stein
Administrative Law - Judicial Review - Status Of Captive Mines Under The National Bituminous Coal Act -, Eric Stein
Michigan Law Review
Petitioner railroad company held a renewable short-term lease of a coal mine, and engaged an independent contractor to extract the coal for its exclusive use. The lease and the agreement with the contractor were coextensive in time, the railroad having an option to terminate the agreement whenever the contractor failed to meet the prevailing market price. Petitioner applied for an exemption of the coal thus obtained from the provisions of the National Bituminous Coal Act, relying upon the section which excludes coal consumed by the "producer" ("captive coal") from the Coal Code regulations. Held, the order of the commission …
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Michigan Law Review
Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Michigan Law Review
Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Michigan Law Review
As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Michigan Law Review
Plaintiff, a New York corporation, was trustee under a mortgage deed to secure a bond issue executed by A, an Indiana corporation, in 1902. In 1906, B, an Indiana corporation, was formed, its franchise providing, inter alia, that after the expiration of twenty-five years, the company should be wound up and its property conveyed to C, the city of Indianapolis, subject to B's "outstanding legal obligations." In 1913, A leased all of its plant property to B for a term of ninety-nine years, B agreeing to pay as rental the interest on A's outstanding bonded …
Taxation - Federal Income Tax - Constructive Receipt Of Income By Lessor Corporation When Rents Paid Directly To Lessor's Stockholders, William H. Shipley
Taxation - Federal Income Tax - Constructive Receipt Of Income By Lessor Corporation When Rents Paid Directly To Lessor's Stockholders, William H. Shipley
Michigan Law Review
In 1864 the Joliet and Chicago Railroad Company made a perpetual lease without a defeasance clause of all of its property to another railroad company. Under the state law, the lease was a conveyance in fee. The lessee agreed to pay as rental an annual dividend of seven dollars a share on the then outstanding stock of the lessor, these payments to be made directly to the shareholders. The dividends paid by the lessee for the years 1931 to 1934 were taxed as income to the lessor, who now sues to recover the tax. Held, payments to the lessor's …
Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree
Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree
Michigan Law Review
Plaintiff, an employee in defendant's mill, helped to organize a baseball team among defendant's employees. The defendant furnished the initial equipment for the team at a cost of approximately $450, but thereafter had little to do with controlling its policy or management. Defendant's employees were given no additional compensation or privileges for playing on the team; practice sessions were held after working hours; and all ball games were scheduled on Sundays. Plaintiff was injured in an automobile accident while returning from one of the Sunday games and sued for compensation under the state workmen's compensation act for injuries "arising out …
Trusts - Division Of Proceeds From United States Savings Bonds Between Life Tenant And Remainderman, William H. Shipley
Trusts - Division Of Proceeds From United States Savings Bonds Between Life Tenant And Remainderman, William H. Shipley
Michigan Law Review
Testator devised the residue of his estate in trust to pay the income to his wife for life and on her death to distribute the corpus to the children of the testator. The trustee bought ten-year bonds of the United· States Government known as United States Savings Bonds. The bonds did not bear interest payable at stated intervals, but were sold at a price sufficiently below their maturity value to yield a return equal to 2.9 per cent per annum, compounded semi-annually, it the bonds were held for the full ten years. The holder of such bonds may present them …
Book Notes, Michigan Law Review
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.
Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen
Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen
Michigan Law Review
The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 6 of Michigan Law Review
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Michigan Law Review
Plaintiff, a guest of the defendant hotel, left his trunk at the hotel check room and received a receipt which stated on the back that the defendant would not be liable in excess of $25 for any loss resulting from its negligence. When the plaintiff called for the trunk, it could not be found. Held, the defendant is liable for the full value of the trunk, since a bailee for hire cannot limit his liability for his own negligence. Oklahoma City Hotel Co. v. Levine, (Okla. 1941) 116 P. (2d) 997.
Taxation - Federal Estate Tax - Deduction Allowable For Gifts To Charity When There Has Been A Compromise, William H. Shipley
Taxation - Federal Estate Tax - Deduction Allowable For Gifts To Charity When There Has Been A Compromise, William H. Shipley
Michigan Law Review
The testator gave the residue of his estate to a charity. When the widow of the testator made known her intention to contest the will, the charity offered to give her "a sum equivalent to twenty-five per cent" of the amount it was to receive under the will. The widow then agreed to withdraw all objections to the probate of the will. The executors were not parties to the compromise agreement, nor was it incorporated in, or made a part of, the probate proceedings. The executors filed an estate tax return in which a deduction from the testator's gross estate …
Libel And Slander - Extension Of The Doctrine Of Absolute Privilege To Inferior Executive And Administrative Officials, Michigan Law Review
Libel And Slander - Extension Of The Doctrine Of Absolute Privilege To Inferior Executive And Administrative Officials, Michigan Law Review
Michigan Law Review
In accordance with the Ohio Constitution, which provides that a copy of proposed amendments shall be distributed to the electorate together with an argument both for and against the proposed amendments, the governor of the state appointed defendant to prepare arguments against certain proposed amendments to the state constitution. The report contained the statement that plaintiff, sponsor of the proposed amendments, was "a paid lobbyist for the single tax movement." Plaintiff brought suit for libel. Held, that since the defendants were members of the commission appointed by the governor acting in the discharge of their official duty, they were …
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Michigan Law Review
Plaintiff was injured by biting into a fishhook imbedded in a plug of chewing tobacco bought from an independent dealer and manufactured by defendant. There was evidence that another person had discovered a foreign particle in another plug made by defendant, but he did not know the exact identity of the substance. Held, that while the plaintiff's injury alone cannot raise an inference of negligence, the additional evidence of the second incident was sufficient to present the question to the jury, which found for the plaintiff. Caudle v. F. M. Bohannon Tobacco Co., 220 N. C. 105, 16 …
Company Unions Under The National Labor Relations Act, Burton Crager
Company Unions Under The National Labor Relations Act, Burton Crager
Michigan Law Review
Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …
Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge
Michigan Law Review
The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …
Judgments - Conclusiveness Of Judgment As Against Persons Liable Over To Original Defendant - Applicability To Cases Of Resale Of Defective Chattels, David N. Mills
Michigan Law Review
The doctrine of res judicata against persons liable over who are given notice and opportunity to defend has received frequent application to cases of indemnitors, reinsurers, parties to bills and notes, covenantors of title in warranty deeds, and cases where the parties bore the relationship of principal and surety, master and servant, principal and agent, and landlord and tenant. While the rule has been applied without exception to cases of breach of warranty of title to chattels, it has apparently seldom been urged as applicable to other warranties, such as warranties of soundness and merchantability, for only five decisions can …
The Present Status Of Multiple Taxation Of Intangible Property, Robert C. Brown
The Present Status Of Multiple Taxation Of Intangible Property, Robert C. Brown
Michigan Law Review
The decision by the Supreme Court in 1932 of the case of First National Bank of Boston v. Maine represented the culmination of a fairly brief but apparently decisive effort by that Court substantially to do away with the taxation of intangible property by more than one state. Successive decisions within the three years previous had sought to do away with such taxation of debts ( no matter how evidenced) by more than one state; and First National Bank v. Maine laid down the same rule for corporate stock.