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Articles 8941 - 8970 of 12807
Full-Text Articles in Entire DC Network
Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer
Taxation - Privilege Tax On Foreign Corporations - Due Process And Commerce Clauses - Validity Of Formula, James W. Deer
Michigan Law Review
The state of Texas levied an annual franchise tax on all corporations, both foreign and domestic, authorized to do business within the state. The tax was assessed on the basis of the amount of the total capital stock which was allocable to Texas, the allocation being based on the proportion that Texas gross receipts bore to total gross receipts. This formula, as applied to the Ford Motor Company, gave the statutory base of $23,000,000 on which Ford paid the tax under protest. The evidence showed that the Ford Motor Company had only an assembly plant in Texas worth $3,000,000, that …
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Michigan Law Review
The defendant manufacturer sold a storekeeper, as a protective weapon, a tear gas gun made to resemble a fountain pen, recommending to the storekeeper that the gun lie open and exposed in his shop and representing that tear gas was a harmless irritant and would not injure permanently. The plaintiff, a customer in the store, idly picked up the gun-pen from beside the cash register, and while examining it, ignorant of its nature, accidentally discharged it into his face. Permanent injuries resulted for which plaintiff sued defendant, claiming negligence. Held, two justices dissenting, that no act of negligence was …
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Michigan Law Review
Defendant manufacturer sold poisonous hair dye to a beautician, instructing her to warn patrons to keep their eyes closed when the dye was being applied. The beautician failed to so inform the plaintiff, a patron, and the plaintiff suffered injuries for which she now sues. Held, the manufacturer's warning to the immediate vendee did not relieve him of liability to vendee's patron. Petzold v. Roux Laboratories, 256 App. Div. 1096, 11 N. Y. S. (2d) 565 (1939).
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Michigan Law Review
In cross suits for infringement of trade mark between the C Distilling Company and the P Brewing Company over the use of the trade mark "Century Club" on liquor and beer respectively, a collateral question arose, whether the assignment under which the distilling company claimed a right to the name was valid. The assignor of the trade mark was a wholesaler of several different brands of liquor that were produced by different distillers. The particular brand "Century Club" was manufactured by the C Distilling Co. The wholesaler assigned its right to use the name "Century Club" to the C Distilling …
Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar
Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar
Michigan Law Review
Defendants engaged the plaintiff to repair a barn roof. In his suit to recover damages for injuries sustained while on the defendants' premises, the plaintiff testified that he had been struck by a truck which one of the defendants had been driving. The defendants testified that they had discovered the plaintiff lying injured at the side of the barn, near a ladder which had been placed against it. Defendants moved for a directed verdict, which was denied, and after a verdict for the plaintiff, defendants appealed from the denial of their motion for judgment notwithstanding the verdict. Held, that …
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Michigan Law Review
P, divorced wife of D, brought this action for alimony and for support money for her children. The object of the action was to reach the income from a spendthrift trust created for the benefit of D and his present wife and children in the will of D's mother. The will specifically provided that none of the proceeds of the trust were to go to P or her child. Held, the settlor had the right to devise her property in any manner she chose. There is nothing in the statutes or decisions of Wisconsin which forbid …
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.
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Michigan Law Review
Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …
Problems Of The Successor Trustee As To Claims Arising Out Of Self Dealing Purchases, Kingsley A. Taft
Problems Of The Successor Trustee As To Claims Arising Out Of Self Dealing Purchases, Kingsley A. Taft
Michigan Law Review
Although, under certain circumstances, the beneficiaries also may be able to enforce them, it is well settled that a successor trustee has the power to assert and enforce claims against his predecessor trustee for breaches of trust by the predecessor. Generally, wherever the circumstances are such that certain action or inaction by beneficiaries would bar them from taking advantage of a particular remedy if they were not under any incapacity, such action or inaction by the successor trustee will likewise be a bar. Therefore, in considering what remedies are available to the successor trustee and what activity or inactivity of …
The Codification Of The French Customs, John P. Dawson
The Codification Of The French Customs, John P. Dawson
Michigan Law Review
A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …
Carriers - Collection Of Freight Charges - Liability Of Consignee Who Reconsigns Shipment, Michigan Law Review
Carriers - Collection Of Freight Charges - Liability Of Consignee Who Reconsigns Shipment, Michigan Law Review
Michigan Law Review
The original shipper consigned a shipment of melons, which was subsequently reconsigned to defendant, who in turn reconsigned the shipment to an Indiana firm over the lines of plaintiff railroad, stating in the diversion order "Protect the through rate. All charges to follow car." The Indiana firm accepted the shipment and paid freight charges with a check, which was dishonored on due presentment, the drawer having gone bankrupt. Held, plaintiff may recover freight charges for the whole trip from defendant. Pennsylvania R. R. v. Seiter, 61 Ohio App. 497, 22 N. E. (2d) 843 (1939).
Contracts - Discharge - Accord And Satisfaction With A Third Person, W. Wallace Kent
Contracts - Discharge - Accord And Satisfaction With A Third Person, W. Wallace Kent
Michigan Law Review
Action by P against D on an alleged oral promise to pay a debt owed to P by D's mother. P had agreed to discharge the mother from liability. There was no direct evidence that the mother was a party to the transaction. Apparently the defense was that D's promise was within the statute of frauds if the agreement to discharge was executory, or, if it was executed, that there was no consideration for D's promise because the discharge of D's mother was not legally binding since it was an accord and satisfaction with a third …
Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland
Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland
Michigan Law Review
The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Michigan Law Review
Plaintiff, administratrix of her husband's estate, brought an action against defendant newspaper to recover damages for the death of her husband, which she claimed resulted from worry over an alleged libel that defendant published. The trial court sustained defendant's demurrer to the declaration and plaintiff appealed. Held, since the "survival statute" does not preserve actions affecting character, the libel abated with the husband's death; and since mental anguish, worry, fear and loss of health are the several results of the wrongful act of libel, they cannot be made the basis of a new cause of action. Judgment for defendant …
Trusts - Investments - Participation Mortgages - Common Trust Funds, William F. Andersen
Trusts - Investments - Participation Mortgages - Common Trust Funds, William F. Andersen
Michigan Law Review
A corporate trustee had operated a trust estate described by the court as "a joint trust fund." Mortgage investments were made in the name of the trustee and the individual estates were issued participation certificates. While not appearing on the public records, the trustee's files disclosed the interests of the beneficiaries. Because of the world-wide depression, losses were suffered and the beneficiaries of one such trust sought to surcharge the trustee for those losses. The trustee had acted in good faith and in accordance with accepted trust practices. Held, that this did not constitute a breach of trust, and …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 38, Issue 6 of Michigan Law Review
Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell
Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell
Michigan Law Review
The recent cases of Avery v. Alabama and Chambers v. Florida raise the interesting question of the conclusiveness of a fact finding of a state court upon the United States Supreme Court in a criminal trial when the accused claims that one of his constitutional rights has been impaired, and the holding of the state court is to the effect that on the facts presented such right has not been impaired. The case may arise in the United States Supreme Court in either of two ways. It may come up on appeal from a lower federal court denying a petition …
Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein
Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein
Michigan Law Review
Since 1710 the courts of the Anglo-American juridical system have been seeking a solution to the problem of the existence of degrees of secondary evidence. Those courts which have determined that there are degrees have been confronted with the second problem concerning the circumstances under which the secondary evidence rule will actually preclude the admission of the evidence offered. In the majority of decisions the courts have relied on precedent, or on statements of text writers, stripped of their context, and have failed to. seek the solution in terms of the purposes for which rules of evidence have been devised. …
Joint Tenancy - Right To Transfer By One Party - Right Of Survivorship, John H. Pickering
Joint Tenancy - Right To Transfer By One Party - Right Of Survivorship, John H. Pickering
Michigan Law Review
In two recent cases the Supreme Court of Michigan has had occasion to pass upon the doctrine of survivorship in joint tenancies. In one case the deed ran to father and son as joint tenants and contained a covenant that neither would sell without the written consent of the other. The father conveyed his interest without the son's consent and died. The court held that the deed created a joint tenancy, that since the restrictive covenant was void as a restraint on alienation and repugnant to the grant, the joint tenancy was severed by the father's conveyance, and therefore the …
Taxation - Income Tax - Liability Of Settlors Of Irrevocable Short Term Trusts, Robert M. Warren
Taxation - Income Tax - Liability Of Settlors Of Irrevocable Short Term Trusts, Robert M. Warren
Michigan Law Review
In a recent significant decision the Supreme Court of the United States has declared that, under certain circumstances, income from irrevocable short-term trusts may be taxed to the settlor. This conclusion is contrary to the previously accepted notion that there was no authority for such a tax under existing provisions of the Revenue Act. In the light of this and other recent decisions the matter of taxation of income from short-term trusts assumes renewed significance.
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Michigan Law Review
The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …
Banks And Banking - Payment Of Check After Revocation - Right Of Drawee To Recover From Presenter, James D. Ritchie
Banks And Banking - Payment Of Check After Revocation - Right Of Drawee To Recover From Presenter, James D. Ritchie
Michigan Law Review
Defendant drawee-bank, negligently disregarding a stop-payment order received from drawer on the previous day, paid a check to a collecting bank. Return of the money was immediately demanded, and the collecting bank thereupon refused to forward it to the next correspondent or to plaintiff payee. In this action by payee, the collecting bank interpleaded drawee bank. Held, that drawee may recover, for despite its negligence, the payee had not changed his position and would not be prejudiced by having to return the inadvertent payment. Foster v. Federal Reserve Bank of Philadelphia, (D. C. Pa. 1939) 29 F. Supp. …
Contracts - Wills - Third Party Beneficiary Contract As Testamentary Disposition, Harold M. Street
Contracts - Wills - Third Party Beneficiary Contract As Testamentary Disposition, Harold M. Street
Michigan Law Review
The defendant executed a bond and mortgage to one Catherine McCarthy Jackman. Subsequently the parties entered into an extension agreement wherein it was provided that in the event of the death of the mortgagee prior to the .maturity of the mortgage, the interest and principal were to be paid one-half to a brother of the mortgagee and one-half to the heirs of a deceased sister. After the death of the mortgagee prior to the maturity of the mortgage, the plaintiffs (the brother and heirs of the deceased sister) claimed a right to the payment of interest as third party beneficiaries. …
Corporations - Reorganization - Effect Of Forfeiture Of Charter, Edward S. Biggar
Corporations - Reorganization - Effect Of Forfeiture Of Charter, Edward S. Biggar
Michigan Law Review
The charter of a Michigan corporation was forfeited for nonpayment of franchise fees. The statute provided conditions upon the fulfillment of which a forfeited charter might be reinstated. Without fulfilling the conditions and after the expiration of the statutory period during which it was allowed to continue in existence for the purpose of winding up its affairs, the corporation petitioned for reorganization under the Bankruptcy Act. Held, that the petitioner had no corporate existence under the laws of Michigan, and that, therefore, it could not invoke the jurisdiction of the federal bankruptcy court. In re Columbia Hotel Co. of …
Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick
Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick
Michigan Law Review
The decedent recovered from defendant a judgment for personal injuries which was satisfied during deceased's lifetime. Six months later the deceased's death was caused by these same injuries. This action was brought by plaintiff as next of kin to recover damages for the wrongful death under the New York Wrongful Death Act. Held, the judgment recovered by plaintiff's intestate is a bar to this action notwithstanding the enactment of survival statutes which sweep away the rule that an action for personal injuries abates on the death of the injured party or wrongdoer. Fontheim v. Third Avenue Ry., 257 …
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Michigan Law Review
Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which …
Insurance - Gift Of Life Insurance Policy, Robert A. Solomon
Insurance - Gift Of Life Insurance Policy, Robert A. Solomon
Michigan Law Review
The employer insured his employees under a group insurance plan. Each employee was given a certificate evidencing his personal insurance. The master policy contained a provision that no assignment should be binding until the original or duplicate of the certificate was filed at the insurer's home office. It was established by the evidence that there had been a manual delivery of one of the certificates by an employee. The insurance company paid the amount 0£ that particular certificate into court. Held, in an action by the plaintiff, the alleged donee, against the estate of the insured, the named beneficiary, …
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Michigan Law Review
Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …
Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review
Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review
Michigan Law Review
Plaintiff was employed by the board of overseers of defendant city to supervise obtaining employment for recipients of welfare relief, thus relieving the city of the expense of providing for them. The powers of the board were restricted by an ordinance which provided that before any increase should be made in the number of subordinates, a report thereof would be sent to the mayor for his approval. It appeared that the original employment of the plaintiff was in violation of this provision, although the mayor subsequently approved it up to April 5, 1936, when plaintiff's civil service appointment expired. Plaintiff …
Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review
Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review
Michigan Law Review
Defendant, while asleep on the rear seat of the automobile driven by plaintiff, kicked the back of the front seat, thereby throwing plaintiff forward and causing plaintiff to lose momentary control. Plaintiff brought this action for injuries sustained when the car crashed into a culvert. Held, the trial court properly instructed the jury that defendant was entitled to a verdict if he was asleep at the time he kicked the front seat. The supreme court stated, "fundamentally to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a …