Digital Commons Network^™

Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite

Michigan Law Review

Any discussion of Judge Pecora's declaration of a mistrial in People v. Hines must adhere firmly to the fundamental proposition that every accused person, no matter how evident his guilt nor how great the hostility toward him, is entitled to a fair trial, conducted in accord with established rules, and to the verdict of a jury uninfluenced by improper factors. But did the judge's ruling perhaps exceed what was reasonably necessary to assure the defendant of these essentials?

Contracts - Consideration - Dealers' Contracts, Richard S. Brawerman

Michigan Law Review

Defendant manufacturer, reserving the right to sell to enumerated persons, granted plaintiff dealer a franchise to sell certain of defendant's products in a defined territory. Plaintiff in turn promised to establish a place of business and develop the territory to the satisfaction of defendant. All orders received by defendant were to be subject to acceptance by defendant; defendant agreed to fill accepted orders as promptly as practicable; and plaintiff expressly released defendant from liability for loss or damage arising from failure of defendant to fill the plaintiff's orders. A clause, originally part of the agreement, allowing either party to cancel …

Constitutional Law - Validity Of State Occupation Tax On Contractors With The Federal Government, James H. Kilbourne

Michigan Law Review

The increasing burden of both federal and state taxation during the past decade has multiplied the attempts by some of those affected to establish, in the courts, immunity from certain taxes. The limitations of the power of the governments to tax have, then, special significance for one who seeks, in that fashion, to challenge the imposition of a tax on himself. Two cases recently decided by the Supreme Court involved one of those limitations-that which denies to the states the power to enforce a tax which impedes the exercise of the powers of the federal government.

Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio

Michigan Law Review

The Supreme Court of Minnesota was recently confronted with an interesting problem in the case of Johnson v. Gustafson. Real property was listed by the owner with the plaintiff, a real estate broker, who was to receive a $300 commission if she found a purchaser therefor. The plaintiff interested one Clarity in the property, but no offer to purchase was made. Desiring the property but being unwilling to pay the full price of $6,000, Clarity induced his friend Gustafson to purchase it for $5,700 with Clarity's money, directly from the owner, who had a right to sell it himself …

Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer

Michigan Law Review

When a manufactured article fails to meet the reasonable expectations of the purchaser-user and in consequence he suffers personal injury or property damage, is the manufacturer responsible? When the user purchases from the manufacturer, so that there is privity of contract and the formulated concepts of sales and warranty law are available, we have a relatively simple situation which it is not the primary purpose of this paper to discuss. The common-law concepts for dealing with such problems seem to have been formulated in times when this privity element was usually present, and it is therefore not a matter of …

Recent Developments In Actions Against Nonresident Motorists, Maurice S. Culp

Michigan Law Review

When this subject was discussed several years ago, statutes in thirty-five states authorized service of process upon some state official in actions filed against nonresident motorists. The passage of such legislation has continued. Today, out of the forty-eight states and the District of Columbia, apparently only Missouri, Nevada and Utah do not make some provision for such service.

It is proposed herein to discuss the new statutes which have been enacted since the previous article was written, to consider significant changes and developments in older legislation, and to survey the recent judicial decisions interpreting these process statutes.

Corporations - Securities Exchange Act - Unlisted Trading Privileges, Marcus L. Plant

Michigan Law Review

Under the Securities Exchange Act of 1934, as amended in 1936, the Securities and Exchange Commission is empowered to extend unlisted trading privileges to any security upon application by an exchange and the fulfillment of the terms and conditions of the statute.

Constitutional Law - Taxation - The Gerhardt Decision And Intergovernmental Tax Immunity, Allan A. Rubin

Michigan Law Review

Recent decisions handed down by the United States Supreme Court this last term have to a large extent fulfilled the anticipations aroused by James v. Dravo Contracting Co. of an enlargement of the governmental powers to impose non-discriminatory taxes. Allen v. Regents of the University System of Georgia held valid the application of a general federal admissions tax to admissions to athletic contests conducted under the auspices of the regents of the University of Georgia, a state university. Helvering v. Mountain Producers Corp. decided that a lessee under an oil and gas lease of state school lands was not …

Bills And Notes - False Impersonation - Effect Of Absence Of Prior Negotiations With Impostor, Edward D. Ransom

Michigan Law Review

The plaintiff obtained a draft drawn on defendant bank with the plaintiff as payee, and indorsed by her in blank. The draft was for payment of a condemnation award to be sold at a discount through a broker. The plaintiff's husband, acting as her agent, went to the broker's office with his attorney. A man came in and was introduced, by one acting as his attorney, as Harry Wolter, the owner of the award. Thereupon plaintiff's husband handed the draft to his attorney, who wrote over the blank indorsements "pay to the order of Harry Wolter." There were no further …

Constitutional Law - Interstate Compacts -- Validity - Review By United States Supreme Court, Gerald M. Stevens

Michigan Law Review

The states of Colorado and New Mexico agreed by compact on a division of the water of the La Plata river, which rises in the first state and flows into the second. The interstate compact, as administered, required that during periods of low water the whole flow of the river was to be used alternately by the states. For ten days Colorado users were to have all the water, then for a like time to allow the water to flow undiminished to New Mexico. In Colorado a ditch company engaged in distributing water for irrigation had acquired by appropriation a …

Insurance - When Is A Person Engaging In The Insurance Business, Thomas E. Wilson

Michigan Law Review

Defendant was secretary of a retail grocers association which maintained a so-called "Plate Glass Fund," for members only, administered by the defendant without compensation. The members paid into the fund a certain sum annually, depending on the amount of glass they wanted protected, and in the event of breakage it was replaced. Surplus funds were returned to the members. The certificates of membership expressly stipulated that the fund was not an insurance or indemnity company. Defendant was prosecuted and convicted for conducting an unauthorized insurance business. Held, the defendant was engaging in the insurance business, and conviction was sustained. …

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson

Michigan Law Review

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District …

Labor Law - Workers Who Struck Prior To Effective Date Of National Labor Relations Act As "Employees" Within The Meaning Of Act, Edward J. Wendrow

Michigan Law Review

Prior to the passage of the Wagner Act, respondent's employees went on strike when the respondent refused to negotiate with the union. Thereupon respondent notified them they were all discharged and that the mill was closing down. Subsequent to the effective date of the act, respondent still refused to negotiate with the union and refused to hire any strikers who would not sign a "yellow dog" contract. The National Labor Relations Board held the refusal to negotiate and the discrimination in regard to hire to be violations of section 8 (5) and (3) respectively of the act and, inter alia …

Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio

Michigan Law Review

A series of Minnesota statutes, passed from time to time regulating the conduct of railroads, were united in the laws of 1925. Among other things, this act empowers the Railroad and Warehouse Commission to prescribe and order safety devices at crossings. The plaintiff was injured when the car in which he was riding hit defendant's train, which was already over the crossing. The evidence showed that the street sloped steeply toward the track, but the track was somewhat elevated from the street level at the crossing, so that the lights from the automobile could not shine on the train. Nor …

Taxation - Inheritance Tax - Double Taxation Of Contingent Future Interests Where Exercise Of Power Of Appointment Is Taxed To Donee's Estate, Benjamin H. Dewey

Michigan Law Review

Testator had been bequeathed a life interest in the income of certain trusts, and in addition the corpus thereof in case she were living at the termination of those trusts, or, in the event of her death prior to the termination of the trusts, a power to appoint the persons who should receive the income for the remainder of the trust period and the corpus on distribution thereof. Under the then current Wisconsin statutes this transfer to testator was truced as if she had received a fee. On appeal, it was held that this was correct but that if the …

Torts - Unauthorized Publication Of Photograph - Invasion Of Right Of Privacy, James W. Mehaffy

Michigan Law Review

Defendant newspaper published an advertisement containing a picture of plaintiff, a radio artist, in a bathing suit, under the mistaken belief that it was a picture of a member of a vaudeville troupe whose name appeared in the advertisement, and who was described as an "exotic red-haired Venus" who endorsed a certain brand of whole-wheat bread as a means of "keeping that sylph-like figure." Plaintiff alleged that the vaudeville act was a "sensual performance or sex parade" and was composed of the "cheapest class of chorus girls." Held, that the advertisement was an invasion of plaintiff's right of privacy …

Vendor And Purchaser - Priorities As Between Vendee's Lien And Intervening Judgment Creditor, Arthur A. Greene

Michigan Law Review

In 1903 one Bekkedal purchased certain real property, and used it for a summer home. In 1924 he and his sons organized a corporation with himself as president, and took over the assets of their copartnership. In 1926 the corporation made advances for improvements on the real property of Bekkedal to the extent of nearly $9,000. A year later auditors found that the president had overdrawn his personal account with the corporation by about $33,000, and at their suggestion his account was credited with the value of the property, $20,000, less the amount advanced for improvements, and the assets were …

Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman

Michigan Law Review

Vendor, a corporation, contracted to convey real estate to the vendee "by good and sufficient warranty deed, free of all incumbrances" upon payment of the purchase price by the vendee. The vendor assigned the contract to X as trustee and then went into receivership and liquidation. A new corporation was organized and the real estate subject to the contract was conveyed to it by the old corporation (vendor). The contract was then assigned to the new corporation by X, the trustee. The vendee being in default, the new corporation as assignee of the vendor sued the vendee for specific …

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

Michigan Law Review

Front Matter for Volume 36, Issue 8 of Michigan Law Review

Libel And Slander - Privilege - Broadcasting A Trial, Michigan Law Review

Michigan Law Review

A microphone was installed in the courtroom, with consent of the judge and counsel, for the purpose of broadcasting a murder trial. Prisoner's attorney, in his closing argument to the jury, made remarks concerning the plaintiff, state's witness, which the latter claimed were defamatory. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff alleged the utterances were libelous per se. The trial judge's motion for non-suit was granted at the close of the plaintiff's case. As to the other defendants, on appeal, held, with one judge dissenting, that counsel …

Municipal Corporations - Police Power - Regulation Of Auctions, Keith P. Bondurant

Michigan Law Review

A municipal ordinance provided that only licensed auctioneers or owners of the goods, after furnishing bond, could conduct auction sales in the city. It further required the seller to accept the best of two or more bids, required labeling of all articles to be sold, advance published notice of the auction, a display and opportunity for examination before the sale, and the confining of the sale to certain hours of the day. Plaintiff, a corporation occasionally selling furniture by auction at its permanent business location, objected to these restrictions as an arbitrary interference with its conduct of a lawful trade. …

Parent And Child - Effect Of Adoption On Legal Status Of Child, Marcus L. Plant

Michigan Law Review

In 1933 the appellants adopted the child of the appellees, and the decree declaring them to be the adoptive parents concluded with the words, "With leave to parents to occasionally see the child." The natural parents, who were living apart, filed several petitions in the court to see the child at stated intervals. These petitions were granted. The adoptive parents, in 1936, filed a petition alleging that the repeated visits of the natural father and mother were prejudicially affecting the child's nervous condition, and impairing his health, and praying that the provision under the decree be altered. Upon submission of …

Principal And Surety - Construction Of Guaranty, Charles R. Linton

Michigan Law Review

Defendant's testator guaranteed the payment in full of a mortgage note for $8,000 "until such time as the sum of sixteen hundred (1600) dollars has been paid on the principal of said note." Upon default before the sum of $1,600 had been paid, the balance came due and the plaintiff foreclosed the mortgage, crediting the proceeds, which exceeded the sum of $1,600, on the note. Held, crediting the proceeds of foreclosure on the note did not, as the defendant contended, discharge the obligation of the guarantor, but merely amounted to a payment pro tanto for the benefit of both …

Taxation - Federal Income Tax - Payment To Employees As Compensation Or Gift, Ralph Winkler

Michigan Law Review

The Universal Oil Products Company had been "extraordinarily successful," and its interests were very large and valuable. The stockholders transferred their stock to another corporation and the cash assets to the Unopco Corporation, an organization formed for the express purpose of managing this fund, whose stockholders were the same as of the former Universal Oil Products Company. At a stockholders' meeting, a resolution was adopted which in effect provided that a sum of money be allocated for payment to those employees who had loyally supported the former company. At the time this resolution was adopted the president of the new …

Taxation-Income Tax-Refund For Overpayment-Equitarle Defense By Government When Collection Of Deficiency Barred By Limitations, Michigan Law Review

Michigan Law Review

Petitioner's deceased sold stock under an installment contract and made a large profit thereon. The deceased died in 1928. Under Sections 44 (d) and 113 of the Revenue Act of 1928 the executor made an underpayment for 1928, and overpayments for 1929, 1930, and 1931. The amount of the 1928 deficiency exceeded the aggregate of the overpayments for the three subsequent years. Petitioner filed a claim for refund of the overpayments. The government was barred by limitations from recovering the tax deficiency for 1928. Held, the petitioner was entitled to recover the overpayments. The government could not assert the …

The Labor Relations Acts-Their Effect On Industrial Warfare, Lennart Larson

Michigan Law Review

This article is addressed to the query whether the labor relations acts have any effect on the ends and means of labor warfare. During the hey-day of the NIRA, decisions may be found which indicated that industrial warfare for the objects within the regulatory power of the code authorities was unlawful. Strikes and picketing were enjoined where carried on for higher wages and hours, objects which were thought properly to be for code authorities to adjust. Those decisions were of dubious soundness, but they suggest an argument which may be advanced under the labor relations acts. The NIRA was of …

Powers - Rule Against Perpetuities - Disposition Of Property Where Appointment Is Invalid - Enforcement Of Contract To Appoint, James H. Kilbourne

Michigan Law Review

The donor of the power bequeathed a fund to trustees to pay the income to the donee for the donee's life, and then to convey to such persons as the donee appointed by will. The donee appointed by will to trustees to pay the income to the donee's daughter for life; and then to convey the remainder to the daughter's surviving children and the surviving lawful descendants of any deceased child of the daughter, upon the death of the last surviving child or twenty-one years after the death of the last surviving child living at the donee's death, whichever event …

Securities Legislation - Securities Act Of 1933 - Registration Statement - "Material Contract'', Gerald M. Stevens

Michigan Law Review

A registrant under the Securities Act of 1933 had borrowed from the Reconstruction Finance Corporation $200,000, payment of which was secured by mortgage of most of the debtor's assets. Registrant still owed $136,000 overdue when it filed its amended registration statement. It said therein that it had applied to the RFC for an eighteen-months extension of the debt and that the application had not then been acted upon. After the statement was filed but before it became effective, the RFC denied registrant extension of the debt and made a counter proposal for payment in part and extension in part. In …

Constitutional Law - Impairment Of Obligation Of Contracts -Tax On Income Of Bonds Granted Statutory Tax Exemption, Amos J. Coffman

Michigan Law Review

Plaintiffs were holders of certain tax exempt bonds issued under authority of the state of Iowa. After the issue of the bonds a statute was passed imposing a "personal net income tax" upon persons resident within the state. The state board of assessment and review assessed this tax against $36,892.75 interest on the tax exempt bonds. The appellants, alleging that such an application of the law impaired the obligations of contracts of exemption, brought suit. Upon a ruling in favor of the assessment by the Iowa Supreme Court, appellants appealed to the United States Supreme Court. Held, the contract …