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Articles 9181 - 9210 of 12807
Full-Text Articles in Entire DC Network
Legal Institute, Michigan Law Review
Legal Institute, Michigan Law Review
Michigan Law Review
A legal institute for practicing lawyers will be held at the Law School of the University of Michigan on June 22 to 24. The student dormitories in the classic Law Quadrangle will be open to those attending the Institute. Subjects to be discussed will include Taxation, Labor Law, and Wills and Trusts. Members of the law faculty and several practicing lawyers specializing in the topics to be considered will be the lecturers.
Constitutional Law - Taxation - Curtailment Of Intergovernmental Tax Immunities, Allan A. Rubin
Constitutional Law - Taxation - Curtailment Of Intergovernmental Tax Immunities, Allan A. Rubin
Michigan Law Review
In the recent well-publicized decision of Graves v. O'Keefe, the United States Supreme Court, following a path adequately cleared by Helvering v. Gerhardt, again enlarged the scope of the governmental powers to impose non-discriminatory taxes. In so doing, the Court clarified the fundamental principles underlying intergovernmental tax immunities by eliminating inconsistencies and resolving confusion persisting in this field of law. The Gerhardt case had sustained the imposition of a federal income tax on the salaries of employees of the Port of New York Authority, a state instrumentality created by New York and New Jersey. But it had not …
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Michigan Law Review
The American Law Institute Restatement of Torts states that a person injured by a fraudulent representation can recover from the maker only if the maker desired this injured person to rely on the representation. The maker's liability is further limited to those injuries arising from transactions in which the maker desired to influence the injured person.
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Michigan Law Review
The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …
Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd
Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd
Michigan Law Review
In a study of British labor, Andre Philip contrasted what he termed "le Trade Unionisme'' of England with les syndicats professionels of France. So foreign did he deem the British concept of trade unionism to his French readers that, in speaking of British trade unions, he preferred not to use the French term.
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Michigan Law Review
Plaintiff and defendant's predecessor in title made a mistake in locating the boundary line between their lots. Laboring under this misapprehension, the plaintiff constructed a cottage which in fact was partially on land of defendant's predecessor in title. Defendant, having purchased the adjoining lot, caused a survey to be made and discovered that the cottage of the plaintiff and the wall constructed by plaintiff and defendant's predecessor encroached upon defendant's land. However, plaintiff remained in possession without admitting defendant's title and in 1937 sued to establish title by adverse possession. The lower court found that having been in possession for …
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Michigan Law Review
Defendant A made and delivered the note in question in 1921, payable in two years. In 1931 after the death of the payee, the note was duly assigned to plaintiff. When plaintiff received the note, the signature of defendant B appeared below that of A. The court found that B's signature had been added by someone unknown claiming a benefit under the note after delivery and for the purpose of giving a greater security to the note and that neither defendant authorized or had any knowledge of the addition of B's name. The plaintiff sued both defendants …
Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman
Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman
Michigan Law Review
The testator's will contained a bequest of $10,000 to executors to be held in trust by them and paid out "to such corporations or associations of individuals as will in their judgment best promote the cause of preventing cruelty to animals in the vicinity of Asheville." A state statute provided that no charitable trust should be declared invalid by reason of any indefiniteness or uncertainty of the object or beneficiaries of the trust or because the trustee is given discretionary power in the selection and designation of the objects or beneficiaries of the trust or in carrying out the purpose …
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Michigan Law Review
Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Michigan Law Review
The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …
Corporations - Restraints On Alienation Of Stock Stipulated In The Charter, Michigan Law Review
Corporations - Restraints On Alienation Of Stock Stipulated In The Charter, Michigan Law Review
Michigan Law Review
The charter of the defendant corporation provided that the board of directors had authority to purchase its common stock at any time when the holder thereof was not an employee, or the holder had not received his common stock by conversion of the preferred. In accordance with the authority granted by this provision, the directors of the defendant corporation adopted a resolution to purchase the common stock owned by the plaintiff, who was not an employee and had not received his common stock by conversion of preferred shares. Plaintiff asked that an injunction be issued restraining defendant from proceeding further. …
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Michigan Law Review
After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Michigan Law Review
After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.
Negligence - Contributory Negligence - Last Clear Chance Doctrine Applied To The Plaintiff - Necessity Of Actual Knowledge Of Danger, John H. Uhl
Michigan Law Review
The plaintiff was injured in a collision of the automobile in which she was riding, driven by her husband, and one driven by the defendant. The defendant, as an affirmative defense, alleged that as he was about to enter the intersection, his car skidded and went out of control; and that both the plaintiff and her husband saw the dangerous situation in sufficient time to have avoided the accident. The court instructed the jury that if the plaintiff or her husband saw, or by the exercise of reasonable diligence could have seen, that the defendant was in a place of …
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Michigan Law Review
A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable. Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Michigan Law Review
The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …
United States - Government Corporations - Immunity From Suit, John H. Uhl
United States - Government Corporations - Immunity From Suit, John H. Uhl
Michigan Law Review
The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care …
Wills - Right Of Creditors Of Testamentary Donee To Set Aside His Renunciation - Right Of Surviving Spouse To Share In Intestate Property After Electing To Take Under Will In Lieu Of Her Distributive Share, D. M. Swope
Michigan Law Review
Testator left all his real and personal property to his wife for life, and the remainder to his son and daughter in equal shares. The widow elected to take under the will in lieu of dower and other legal rights in the estate. The daughter renounced any right under the will, and seven months later filed a petition for voluntary bankruptcy. Her trustee in bankruptcy instituted this suit in equity to annul the renunciation. Held, the daughter had the right to file an unconditional disclaimer of all benefits granted her under the will and her creditors cannot complain thereof; …
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.
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Michigan Law Review
Defendant was charged with violating a statute which provided that purchasers of certain farm products for manufacture or resale should not discriminate in prices between sections and between individual sellers. The statute required the purchaser to deduct full transportation costs from the purchase price paid or to deduct the actual costs of hauling from the point of purchase to the locality of manufacture or resale. No definition of actual cost was set out. Held, two justices dissenting, the term "actual cost" was so vague and indefinite that the statute denied due process of law. State v. Northwest Poultry & …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 37, Issue 6 of Michigan Law Review
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Michigan Law Review
What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …
Bills And Notes - Indorser - Language Showing Other Intent, William K. Jackson
Bills And Notes - Indorser - Language Showing Other Intent, William K. Jackson
Michigan Law Review
Defendants were accommodation parties on a note, signing in the following manner: "For value received we hereby guarantee the payment of the within note at maturity or at any time thereafter with interest at the rate of seven per cent per annum until paid, and agree to pay all cost or expenses paid or incurred in collecting the same, waiving demand of payment, protest and notice of protest." Held, the signers, having written out their contract in some detail, expressed a sufficient intention to be bound as guarantors and not an indorsers, notwithstanding the additional words "waiving demand of …
Deeds - Future Interests - Right Of Murderer To Acquire Property By Operation Of Condition Subsequent That Property Shall Revert On Grantee's Death, Russel T. Walker
Deeds - Future Interests - Right Of Murderer To Acquire Property By Operation Of Condition Subsequent That Property Shall Revert On Grantee's Death, Russel T. Walker
Michigan Law Review
Grantor, who had been adjudged insane, conveyed a farm to grantee on condition that the farm would revert to grantor should grantee predecease him. Grantee was killed under circumstances tending to show that he was killed by grantor, who was insane at the time of the death of the grantee. Held, title to the land, under the deed, reverted to grantor upon grantee's death, in spite of the general rule in Missouri that a murderer cannot inherit realty from his victim. Eisenhardt v. Siegel, (Mo. 1938) 119 S. W. (2d) 810.
Evidence - Hearsay Rule - Use Of "Res Gestae", Henry L. Pitts
Evidence - Hearsay Rule - Use Of "Res Gestae", Henry L. Pitts
Michigan Law Review
In an action on a life policy which acknowledged receipt of the first premium, the insurer-defendant claimed that no premium payment was made and that delivery was only to allow inspection and comparison with a specimen copy of the policy already in the hands of insured's wife. The district court admitted testimony by the insured's wife, the beneficiary and plaintiff in the action, to the effect that when the insured turned the policy over to her he said it was hers and paid for. The Circuit Court of Appeals for the Fifth Circuit sustained the ruling and, on motion for …
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Michigan Law Review
Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.
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.
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Michigan Law Review
The Pittsburgh Athletic Club sold to sponsors the exclusive right to broadcast the home baseball games of the Pittsburgh Pirates. The sponsors contracted with the National Broadcasting Corporation for the use of two stations. Station KQV, knowing of this arrangement, posted observers on leased premises outside and overlooking the ball park and proceeded to broadcast play-by-play accounts of the games. Each admission ticket contained a stipulation that the holder was not to transmit or aid in transmitting reports of the games outside the park. The athletic club, the sponsors, and the N.B.C. jointly brought an action for an injunction against …
Founder's Day, Michigan Law Review
Founder's Day, Michigan Law Review
Michigan Law Review
The fourteenth annual celebration in honor of William W. Cook, founder of the Lawyers Club of the University of Michigan and donor of the buildings on the Law Quadrangle, will be held on Friday, April 21, 1939. The honorable Charles P. Megan of the Chicago Bar, trustee of the Chicago and Northwestern Railroad by appointment of the Federal Court and formerly President of the Illinois State and Chicago Bar Associations and Chairman of the National Conference of Bar Examiners, will be the guest of honor. The events of the day will culminate in a dinner at the Lawyers Club at …