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Michigan Law Review

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Banks And Banking - Taxation Of National Bank - Safe Deposit Vault As Integral Function Of National Bank, Marcus L. Plant May 1938

Banks And Banking - Taxation Of National Bank - Safe Deposit Vault As Integral Function Of National Bank, Marcus L. Plant

Michigan Law Review

The council of the city of Portland passed an ordinance declaring it unlawful to carry on certain businesses without securing an appropriate license from the city. Among the business activities specified was "Safe Deposit Vault" for which an annual license fee of forty dollars was imposed. The plaintiff, a national bank, and other national banks, all of which operated safe deposit vaults, brought an action to restrain the city and its officers from collecting the fee. It was held that the safe deposit business is a necessary and integral function of a national bank, and therefore the city was without …

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Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis May 1938

Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis

Michigan Law Review

An Illinois statute provided for the compulsory retirement of teachers at the age of seventy with an annuity of $1500 a year for life, and an amendment thereto granted annuities on a sliding scale from $1000 to $1500 a year to teachers voluntarily retiring between the ages of sixty-five and seventy. These provisions were changed by an act of 1935 which abolished the provisions for voluntary retirement and .fixed compulsory retirement at the age of sixty-five, with annuities reduced to a flat rate of $500 annually. Plaintiffs, who either had retired or were eligible for retirement at the time the …

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Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens May 1938

Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens

Michigan Law Review

In November, 1936, the people of the city of New York voted to adopt a system of proportional representation for the election of members of the city council. Each borough was to elect its representatives at large rather than from single-member districts. Each voter was restricted to voting for one councilman; but he might indicate the order of his preference for as many candidates as he desired. Thus he should have marked his first choice by the numeral "1," his second "2," and similarly as many choices as he wished to express. By a system of vote-transferring his vote would …

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Contracts - Assignments - Sufficiency Of Notice To A Bank Of The Assignment Of An Account, Michigan Law Review May 1938

Contracts - Assignments - Sufficiency Of Notice To A Bank Of The Assignment Of An Account, Michigan Law Review

Michigan Law Review

On March 25, 1933 an account in D Bank was assigned to P. A week later the bank received from P a formal statement of the assignment, which the bank totally ignored for nine months. In the meantime the bank debited the account for the price of thirty shares of its stock which the depositor-assignor bought in October. On January 2, 1934, D Bank acknowledged receipt of the letter of notice, but denied any liability to P thereunder. In a suit brought by P for the account, the only question was the right of D Bank to take the …

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Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review May 1938

Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review

Michigan Law Review

By the plat, the lots of P and D in the unincorporated village of Crescent were separated by a street sixty-six feet wide. Actually the street was never opened and only the twenty feet abutting P's property had been used as a way of access to land held by P and D and others. The remaining two-thirds of the street had been fenced by D and used by him as his for thirty years. P brought a statutory action to vacate the streets of the village. D cross-petitioned to have title to the fenced area quieted in him. Held …

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Injunctions - Defamation - Injury To Business, Charles E. Nadeau May 1938

Injunctions - Defamation - Injury To Business, Charles E. Nadeau

Michigan Law Review

A complaint praying for an injunction alleged that plaintiff, a retail dealer in automobiles, sold defendant an automobile in good condition; that defendant complained of the steering and demanded a replacement of the parts; that upon inspection, the steering apparatus was found to be in good condition and defendant's request was refused; that thereafter defendant carried signs on the car indicating that it was defective and that plaintiff would do nothing about it; and that he did this, knowing that his claims were false, solely for the purpose of injuring plaintiff and to extort money from him. On overruling a …

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Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review May 1938

Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review

Michigan Law Review

Plaintiff secured a temporary injunction against the picketing of her beauty shop by members of a union who sought an agreement as to the prices which plaintiff would charge her customers. None of plaintiff's employees were dissatisfied with the terms and conditions of employment. The trial court, on the basis of allegations in plaintiff's bill, affidavits and oral testimony, but without an answer being filed by defendant, held that the case did not "involve or grow out of a labor dispute" and awarded a temporary injunction. A Minnesota statute provided that no court of the state should have "jurisdiction" to …

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Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy May 1938

Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy

Michigan Law Review

In a slander of title action, the complaint alleged that defendant requested plaintiffs to write a motion picture scenario based on historical events, but after plaintiffs submitted the scenario, defendant rejected it. Thereafter defendant announced its intention, by filing a statement with a voluntary association of motion picture producers, to produce a picture based on the same plot as that contained in plaintiffs' scenario. As a result, plaintiffs were unable to sell their scenario to any other producer. Held, that the complaint was insufficient in the absence of an allegation of special damages. Carrol v. Warner Bros. Pictures, Inc. …

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Principal And Surety - Duty Of Obligee To Disclose To Surety - Surety's Right Of Subrogation, Julian Caplan May 1938

Principal And Surety - Duty Of Obligee To Disclose To Surety - Surety's Right Of Subrogation, Julian Caplan

Michigan Law Review

Surety defended an action on the bond of the town treasurer on the ground that at the time the bond was entered into the treasurer, in violation of statute, had deposited in a local bank an amount exceeding thirty per cent of the total deposits of the bank and that the town selectmen, although well aware of the situation, failed to disclose the facts to the surety. Plaintiff contended that there was no duty to disclose these facts to the surety, especially since the treasurer's annual report showed that the amount of the deposits exceeded the legal limit. As an …

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Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens May 1938

Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens

Michigan Law Review

In a recent case compensation was sought for the taking of riparian land for public use. The Supreme Court of Nebraska held that the award should be limited to damages to those sections of land {by the government plat) bordering on the stream. A decision note in this REVIEW criticized that ruling. It was there said that proximity to riparian land might add value even to non-riparian land. Later a rehearing of the case was granted and a new opinion filed. Held, "damages . . . are not limited to governmental sections a part of which is included in …

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Book Notes, Michigan Law Review May 1938

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.

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Front Matter, Michigan Law Review May 1938

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 36, Issue 7 of Michigan Law Review

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Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips May 1938

Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips

Michigan Law Review

We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …

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Testamentary Conditions Against Contest, Olin L. Browder Jr. May 1938

Testamentary Conditions Against Contest, Olin L. Browder Jr.

Michigan Law Review

It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …

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Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow May 1938

Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow

Michigan Law Review

One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.

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Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler May 1938

Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler

Michigan Law Review

In two recent Supreme Court cases, National Labor Relations Board v. Pennsylvania Greyhound Lines, lnc., and National Labor Relations Board v. Pacific Greyhound Lines, lnc., it was held that the Board had the power under section 10 (c) to order an employer, who had created, fostered and dominated a labor organization of its employees, to withdraw recognition from such organization of its employees, to withdraw recognition from such organization as representative of the employees and to post notices that it was "so disestablished." In so doing the Court reversed the respective circuit courts which had held the Board was …

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Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann May 1938

Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann

Michigan Law Review

Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …

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Associations - Massachusetts Trusts - Personal Liability Of Trustees On Contracts, Michigan Law Review May 1938

Associations - Massachusetts Trusts - Personal Liability Of Trustees On Contracts, Michigan Law Review

Michigan Law Review

The trustees of a business trust, by their agent, accepted seven trade acceptances in which there was no stipulation against the personal liability of the trustees. The trust instrument under which the business was operating provided that the trustees were to be under no "personal obligation or liability of any kind," and that all having transactions with the trustees are put on notice that no trustee or subscriber is personally liable, and further, that in all contracts made by the trustees, "specific mention shall be made therein of this trust to the end that any and all parties must look …

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Corporate Nationality And The Neutrality Law, Paul Weidenbaum Apr 1938

Corporate Nationality And The Neutrality Law, Paul Weidenbaum

Michigan Law Review

Even a superficial reading of the neutrality law indicates that certain problems of corporate entity and nationality are of utmost importance for its future working. This act seeks to give protection from certain real or assumed dangers. The problem arises whether such purpose cannot be wholly frustrated by the simple means and ways afforded by incorporation. This problem has never been hidden.

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Law Departments And Law Officers In American Governments, John A. Fairlie Apr 1938

Law Departments And Law Officers In American Governments, John A. Fairlie

Michigan Law Review

On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …

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Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review Apr 1938

Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review

Michigan Law Review

Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …

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Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan Apr 1938

Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan

Michigan Law Review

The problems of the disqualification of judges because of prejudice and of the appointment of substitutes for judges so disqualified were considered in the recent case of State ex rel. Thompson v. Day. One of the defendants in a labor injunction suit had filed with the governor an affidavit setting forth facts showing that the sole judge of the district in which the dispute had arisen had anti-labor tendencies to such extent that the petitioner could not obtain a fair trial and requested that the regular judge be disqualified from hearing the injunction proceedings and a substitute appointed. The …

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Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson Apr 1938

Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson

Michigan Law Review

The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …

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Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper Apr 1938

Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

A South Carolina statute limited the width of motor trucks (including semi-trailers) to 90 inches and their gross weight to 20,000 pounds. The validity of this legislation was challenged before a three-judge federal court on three grounds: (1) that it was a denial of due process under the Fourteenth Amendment; (2) that the power of the states to regulate size and weight of motor vehicles used in interstate commerce had been superseded by the Federal Motor Carrier Act of 1935; (3) that the statute as applied to vehicles used by interstate motor carriers placed an unreasonable burden upon interstate commerce. …

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Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant Apr 1938

Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant

Michigan Law Review

The defendant, father of the child whose support was in question, was-divorced by the plaintiff, mother of the child, in 1927. At that time, with the consent of both parties, the maternal grandparents adopted the child. In 1931 the grandfather died insolvent, and in 1933 the grandmother remarried and left the state. In 1934 the plaintiff adopted the child, and brought suit against the defendant for its support. The court entered an order requiring him to pay ten dollars per week for that purpose. After compliance for several months the defendant stopped payment, and in contempt proceedings protested the validity …

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Taxation - Stevedoring As Interstate Commerce - Constitutionality Of Occupation Tax, Ralph Winkler Apr 1938

Taxation - Stevedoring As Interstate Commerce - Constitutionality Of Occupation Tax, Ralph Winkler

Michigan Law Review

The state of Washington enacted a business privilege tax, the amount of which was to be determined on a gross income basis. A domestic corporation had been servicing vessels engaged in interstate commerce in two ways-it supplied stevedores to the vessels, and it did the work of loading and unloading. In a bill to enjoin the collection of this tax the Supreme Court of Washington dismissed the suit on the ground that the corporation was not engaged in interstate commerce. On appeal, held (1) furnishing stevedores to the vessels without maintaining control over the operations of the workmen is a …

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Book Notes, Michigan Law Review Apr 1938

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.

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Taxation - Compensating Use Tax - Theory - Burden On Interstate Commerce, Brackley Shaw Apr 1938

Taxation - Compensating Use Tax - Theory - Burden On Interstate Commerce, Brackley Shaw

Michigan Law Review

The California Use Tax Act of 1935 imposes an excise tax on the storage or use of personal property purchased in other states and brought into California. Plaintiff railroad bought materials and supplies in other states and stored them in California before installation on its interstate railroad system, and the tax was assessed on them. Held, the tax is unconstitutional as applied to such property as a direct burden on interstate commerce. Where the property was purchased for the sole purpose of being reserve equipment in an interstate commerce plant it is employed in interstate commerce from the time …

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Front Matter, Michigan Law Review Apr 1938

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 36, Issue 6 of Michigan Law Review

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The Uncompensated Industrial Injury, Stanley Law Sabel Apr 1938

The Uncompensated Industrial Injury, Stanley Law Sabel

Michigan Law Review

Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.

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