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Articles 9001 - 9030 of 12807
Full-Text Articles in Entire DC Network
Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers
Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers
Michigan Law Review
Plaintiff purchased a pearl necklace from the defendant. In a suit for fraud, plaintiff alleged that the defendant had misrepresented the quality of the necklace and his own expert ability. Before purchasing, plaintiff had secured the services of another expert. The trial court found that there was no reliance by the plaintiff on the defendant's misrepresentation and that the plaintiff was guilty of contributory negligence. Held, by the trial court, (1) that lack of reliance barred recovery for fraud; (2) that contributory negligence barred recovery for negligent misrepresentation; and (3) that if New York courts recognize a liability without …
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Michigan Law Review
The Board of Regents of the Colored Agricultural and Normal University of Oklahoma, charged with the statutory duty of governing the university "in all its interests," directed the defendant, president of the university, to report to the board "any misconduct" or "any irregularity" on the part of any "teacher or employee of the University." At a regular session of the board the defendant made an oral statement to the board, imputing moral misconduct to the plaintiff, who was then employed as a matron at said university. Held, in making said statement the defendant was acting "in the proper discharge …
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Michigan Law Review
Defendant telegraph company transmitted to ten officers of an international union a telegram from members of a local union. The contents related to labor affairs and were admittedly libelous per se as to the plaintiff, naming him as "responsible for the murder of our brother officer Borson." Held, verdict for plaintiff set aside and new trial ordered, because plaintiff has failed to justify recovery by furnishing evidence of actual malice or bad faith by the defendant. Klein v. Western Union Tel Co., 257 App. Div. 336, 13 N. Y. S. (2d) 441 (1939), appeal withdrawn, (N. Y. 1939) …
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Michigan Law Review
After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Michigan Law Review
Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Michigan Law Review
Plaintiff sued defendants, including plaintiff's husband, for jointly causing a false charge of adultery to be made against plaintiff in a divorce suit. The defendants' demurrer to the complaint was sustained in the trial court as to each and all of the defendants. Held, that although plaintiff's husband was immune from liability, a cause of action had been made out against all the rest of the defendants, and the judgment in their favor was reversed. Ewald v. Lane, (App. D. C. 1939) 104 F. (2d) 222.
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Michigan Law Review
Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for …
Bills And Notes - Effect On Negotiability Of Provision For Confession Of Judgment, Michigan Law Review
Bills And Notes - Effect On Negotiability Of Provision For Confession Of Judgment, Michigan Law Review
Michigan Law Review
A note was made providing for eighteen monthly payments, and on default of any payment, the whole amount to become due; a clause was inserted in the note authorizing confession of judgment on the note in favor of the holder "at any time hereafter . . . for such amount as may appear to be unpaid thereon, together with costs and attorney's fees." Held, the provision for confession of judgment did not destroy the negotiability of the note, since it authorized confession of judgment only after default in one of the installments due. United States v. Nagorney, (D. …
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Michigan Law Review
Defendant published in its newspaper the contents of confessions made to a prosecuting attorney by third parties, implicating plaintiff in crimes for which he had been indicted but the commission of which he denied. In an action for damages for libel, held, that the taking of the confession was neither a judicial proceeding nor an official proceeding authorized by law, and therefore its publication was not privileged. Caller Times Publishing Co. v. Chandler, (Tex. 1939) 130 S. W. (2d) 853.
Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review
Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review
Michigan Law Review
Defendant surgeon failed to remove a swab from deceased's body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant's conduct constituted a breach of his duty to use due care in performing the operation. Mahon …
Taxation - Federal Gift Tax - Cancellation Of A Power Todesignate New Beneficiaries Other Than The Settlor - Interrelationship Of Gift And Estate Tax, Robert M. Warren
Taxation - Federal Gift Tax - Cancellation Of A Power Todesignate New Beneficiaries Other Than The Settlor - Interrelationship Of Gift And Estate Tax, Robert M. Warren
Michigan Law Review
Before the enactment of the 1924 gift tax statute, decedent created a trust for the benefit of named beneficiaries, reserving to himself power both to revoke and to modify the trust. In 1919 the decedent made a surrender of the power to revoke the trust by a writing which reserved the power to designate new beneficiaries other than himself. This latter power was renounced in 1924 after the effective date of the gift tax statute. The Board of Tax Appeals and the Circuit Court of Appeals for the Third Circuit affirmed the commissioner's ruling that the gift became complete and …
Criminal Law And Procedure - Statute Of Limitations - Income Tax Prosecution, Michigan Law Review
Criminal Law And Procedure - Statute Of Limitations - Income Tax Prosecution, Michigan Law Review
Michigan Law Review
Defendant was indicted for wilfully attempting to evade and defeat payment of part of his income tax for the taxable year 1930 by filing a false return in violation of the Revenue Act of 1928. A motion to quash was entered because the indictment had not been found and returned within six years of the alleged commission of the offense. The indictment had been actually found and filed six years and one hundred sixty-six days from the day upon which the return was filed. Defendant was absent from the district on various business and pleasure trips for more than the …
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.
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Michigan Law Review
On April 25, 1938, plaintiff commenced suit for libel. Nine separate causes of action were set up by alleging nine different publications in successive issues of Liberty Magazine. The first publication was alleged to have occurred on or about April 17, 1937, the second on or about April 24, 1937, and the third on or about May 1, 1937. Defendant showed by affidavit that the issues were placed on sale ten days before the date printed on the cover so that the first issue was on sale by April 7, 1937, the second on April 14, 1937 and the third …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 38, Issue 4 of Michigan Law Review
The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard
The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard
Michigan Law Review
During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any "minimum standard" for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted …
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Michigan Law Review
There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Michigan Law Review
When considering depreciation for rate base purposes the courts and the commissions speak of accrued depreciation, existing depreciation, actual depreciation, complete depreciation, realized depreciation, incomplete depreciation, and observed depreciation. Accrued, existing and actual depreciation all have the same meaning.
Woe Unto You Lawyers: A Review, Max Radin
Woe Unto You Lawyers: A Review, Max Radin
Michigan Law Review
The blurb on the cover twice calls this book a "lusty, gusty attack on The Law." No writer can be held responsible for the blurbs with which his book is commended to the public by those whose business it is to sell it. But many who read it--there will undoubtedly be many--will do so in the hope that it is precisely what the cover describes, since lusty, gusty attacks on anything make juicy reading and law and lawyers have been fair game almost ever since either word became a term of common speech. Professor Rodell's title is taken from the …
Contracts - Illegality - Collateral Agreements Under Home Owners' Loan Act, Roy L. Steinheimer
Contracts - Illegality - Collateral Agreements Under Home Owners' Loan Act, Roy L. Steinheimer
Michigan Law Review
In transactions under the Home Owners' Loan Act it is customary for the holder of the mortgage on the property on which a new loan is sought to agree with the H. O. L. C. to accept in full settlement of his claim bonds of the H. O. L. C. of a face value often times less than the amount of the obligation secured by the old mortgage. However, not infrequently the mortgagee also exacts from the home owner a collateral agreement under which the home owner gives him a new second mortgage on the property as security for an …
Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen
Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen
Michigan Law Review
Among the problems raised in magnified form by the AFL-CIO schism is the determination of rights and duties under a collective agreement when there is a change in affiliation of the members of the union which negotiated the agreement. Suppose that union A, as sole bargaining representative for the employees in the particular unit, has negotiated an agreement with the employer, that thereafter a majority of union A shift their allegiance to union B. Does the agreement continue to canter rights upon employees who have changed their affiliation? Upon the employees who have not changed their affiliation? This …
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Michigan Law Review
In the taxpayer's quest for methods of avoidance of the federal estate tax, one field seems to have been generally overlooked; viz., annuity contracts that are so similar to insurance policies as to be treated like the latter for tax purposes, thus securing the benefit of the $40,000 exemption in section 302 (g). Various reasons might be suggested why this should be so, but the fact remains that there has been practically no discussion of the subject in legal publications and, until the recent case of Old Colony Trust Co. v. Commissioner of Internal Revenue, no litigation involving the …
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Michigan Law Review
The plaintiff, as trustee for a depositor, sought in this action to charge the defendant bank with the amount of a check drawn by the depositor while insane. On the ground that the depositor was an inmate of the state hospital for the insane, the plaintiff had been appointed his trustee. Subsequent to this appointment, the depositor drew the check in question, and the defendant paid the amount of the check to the payee. Held, in the absence of actual or constructive knowledge of the insanity, a payment by a bank of the check of an insane depositor is …
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Michigan Law Review
A bill seeking an injunction and an accounting was filed in a United States district court for alleged infringement by defendant of plaintiff's rights in the words of a song. Defendant's appeal from a decree enjoining further use of the song and directing an accounting for profits was denied, because the appeal had been taken more than thirty days after its entry and so the circuit court of appeals was without jurisdiction. The case proceeded to an accounting in the district court, and a final decree was entered from which defendant appealed again to the circuit court. Held, the …
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Michigan Law Review
A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Michigan Law Review
Insured was convicted of murder and legally executed by the state. Plaintiff is the beneficiary of his life insurance policy. Held, no recovery on the ground that the risk of legal execution was impliedly excepted in the policy as a matter of law. Southern Life & Health Ins. Co. v. Whitfield, (Ala. 1939) 190 So. 276.
Negligence - Causation - Failure To Sign License, Michigan Law Review
Negligence - Causation - Failure To Sign License, Michigan Law Review
Michigan Law Review
A New Hampshire statute provided that a motor vehicle operator's license should not be valid until endorsed on the margin by the operator. In a negligence action arising out of an automobile collision it was shown that defendant operator's license had not been endorsed. Plaintiff requested the court to charge that defendant's license was not valid and that defendant's violation of the statute was a legal cause of the accident, entitling plaintiff to recover unless found guilty of contributory negligence. Held, that defendant's failure to endorse his signature was not such a statutory violation that plaintiff could take advantage …
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Michigan Law Review
Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.