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Michigan Law Review

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Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau Apr 1938

Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau

Michigan Law Review

A broker is, in general, an intermediary or "go-between" in the business of negotiating contracts for others. His economic function is that of bringing buyer and seller together. A motor transportation broker is engaged in the business of arranging for contracts dealing with motor transportation service. His function is to bring together a prospective passenger or shipper seeking service and a carrier willing to provide the service demanded. "Tourist agency," "travel bureau," and "share-the-expense agency" are familiar terms used to designate the passenger transportation broker. There is a larger, but not so wellknown, group of brokers dealing in the hauling …

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Executors And Administrators - Comparison Of Nonclaim Statutes And The General Statutes Of Limitations, Dan K. Cook Apr 1938

Executors And Administrators - Comparison Of Nonclaim Statutes And The General Statutes Of Limitations, Dan K. Cook

Michigan Law Review

An overwhelming majority of the states possess nonclaim statutes, which, in one form or another, purport to bar all claims against decedent's estates not presented to the decedent's personal representative within a stipulated period. It is the purpose of this comment to compare such statutes with the general statutes of limitations, giving particular regard to those situations where the operation of the two types of statute upon one cause of action may appear to conflict.

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Trusts - Effect Of Exculpatory Clauses On The Liability Of Corporate Trustees, Milton A. Kramer Apr 1938

Trusts - Effect Of Exculpatory Clauses On The Liability Of Corporate Trustees, Milton A. Kramer

Michigan Law Review

The average investor doubtlessly relies upon the fact that some banking institution is a trustee for the bond issue in which he places his savings, and expects a degree of care commensurate with the confidence he has in that institution. The fact is, however, because of innumerable exculpatory clauses found in the corporate mortgage, the trustee's duties in regard to the protection of the bondholders' interests are practically negligible. But before proceeding further with the subject, it is necessary to distinguish two situations: first, a case where the trustee has no duty whatsoever to act; and secondly, where a duty …

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Banks And Banking - Relationship To Customers - Principal Or Creditor, Charles E. Nadeau Apr 1938

Banks And Banking - Relationship To Customers - Principal Or Creditor, Charles E. Nadeau

Michigan Law Review

A collection agreement permitted plaintiff to clear items through defendant bank in return for maintaining a balance of $10,000 which was not subject to check. All items received immediate credit, and twice weekly defendant bank remitted, in New York exchange, all amounts in excess of $10,000. On insolvency of defendant bank, plaintiff sought a preferred claim on the basis that the bank was its agent for collection. Held, where, as here, the bank may use the funds before remittance, or where the depositor may withdraw any part of the funds, the relationship is that of debtor-creditor and not of …

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Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review Apr 1938

Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review

Michigan Law Review

Plaintiffs, assignees of an oil lease of land, after drilling a dry hole thereon, did not comply with the requirements of their agreement for further development within a stipulated time, in consequence of which there was a formal termination in accordance with the terms of the assignment. An extension of the lease, which the lessees obtained, was assigned to the defendants, who had knowledge of the foregoing circumstances and plaintiffs' claim of a property right in the dry hole. Defendants promised to pay plaintiffs for the use of the dry hole, but subsequently repudiated any liability on the promise. Held …

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Contracts - Acceptance By Mistake, Michigan Law Review Apr 1938

Contracts - Acceptance By Mistake, Michigan Law Review

Michigan Law Review

Plaintiff mailed to defendant's agent a written offer to purchase a piece of property. A check was mailed with the offer which was to be the initial payment for the land, if the offer was accepted. In the lower corner of the check was noted, "to be cashed when contract is signed." Defendant's agent acknowledged the check and affirmed the stipulation. He instructed his stenographer not to deposit the check, but she did so, inadvertently. Plaintiff received notice of the check's deposit before the agent attempted to return the credit. Plaintiff brought an action for specific performance. Held, that …

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Corporations-Foreign Corporations-Entrance Fees-Constitutionality, Charles E. Nadeau Apr 1938

Corporations-Foreign Corporations-Entrance Fees-Constitutionality, Charles E. Nadeau

Michigan Law Review

A Virginia statute, providing that foreign corporations desiring to carry on intrastate business there must pay an entrance fee graduated according to authorized capital stock, imposed on plaintiff a fee of $5,000. Only two-thirds of plaintiff's authorized stock was issued. A considerable amount of its assets were used in interstate commerce, though the sum invested in Virginia was negligible. Plaintiff contended that such an entrance fee burdened interstate commerce because measured by property used in interstate commerce, that it denied due process because measured by property without the state, and that it denied equal protection of the laws becaused measured …

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Equity - Contempt - Duration Of Imprisonment, Michigan Law Review Apr 1938

Equity - Contempt - Duration Of Imprisonment, Michigan Law Review

Michigan Law Review

Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.

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Corporations - Validity Of Contract Executed During Suspension Of Charter For Failure To File Proper Annual Report - Effect Of Innocent Mistake, Ralph Winkler Apr 1938

Corporations - Validity Of Contract Executed During Suspension Of Charter For Failure To File Proper Annual Report - Effect Of Innocent Mistake, Ralph Winkler

Michigan Law Review

A Virginia statute, providing that foreign corporations desiring to carry on intrastate business there must pay an entrance fee graduated according to authorized capital stock, imposed on plaintiff a fee of $5,000. Only two-thirds of plaintiff's authorized stock was issued. A considerable amount of its assets were used in interstate commerce, though the sum invested in Virginia was negligible. Plaintiff contended that such an entrance fee burdened interstate commerce because measured by property used in interstate commerce, that it denied due process because measured by property without the state, and that it denied equal protection of the laws becaused measured …

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Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne Apr 1938

Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne

Michigan Law Review

Defendant, a striking employee, was convicted of breach of the peace arising out of an assault on non-striking employees. Immediately preceding his trial the jurors had been interrogated on voir dire in a similar case. Counsel for defendant stated he would rely in part on that examination. In it the jurors had been asked whether they had either friends or relatives working at the strike-bound plant. Juror A failed to disclose that his brother was a non-striking employee, though he admitted his niece was. Juror B failed to disclose that a friend who had previously lived with him for a …

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Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review Apr 1938

Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review

Michigan Law Review

Plaintiff's decedent was killed in a collision, between his car and defendant's train, which occurred at a crossing in a small town. Crossing signals were in operation, and deceased drove onto the track with his attention on a switching train at his right. A passenger train came along from his left at an excessive speed and without signalling. The engineer testified that, after he saw decedent, he could have stopped the train, or slowed down enough so that decedent could have crossed safely. Held, plaintiff entitled to recover. Missouri Pac. R. R. v. Huffman, (Ark. 1937) 108 S. …

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Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review Apr 1938

Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review

Michigan Law Review

A thirteen-year-old boy was killed while standing under a defective hoist in defendant's ice plant. There was evidence that for three or four years children had been accustomed to frequent the plant and play there without apparent objection from the defendant. Held, the defendant was liable for breach of a duty to use due care in maintaining a dangerous hoist accessible to children who were so frequently present in the plant as to imply a tacit assent to their presence. Weimer v. Westmoreland Water Co., 127 Pa. Super. 201, 193 A. 665 (1937).

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Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review Apr 1938

Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review

Michigan Law Review

Plaintiff, a customer in defendant's store, was injured when, as she reached the intersection of two aisles, she was struck by a child riding a tricycle which belonged to defendant. There was no proof that defendant customarily permitted children to ride the tricycles displayed for sale; nor was it shown that defendant had authorized its use on this occasion. Held (two judges dissenting), defendant not liable. Barnes v. J. C. Penney Co., 190 Wash. 633, 70 P. (2d) 311 (1937).

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Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson Apr 1938

Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson

Michigan Law Review

In 1923 decedent created an irrevocable trust, reserving to herself the income for life with remainders over. Upon decedent's death, it was held that the corpus of the trust was properly a part of decedent's gross estate for Federal Estate Tax purposes. Helvering v. Bullard, (U. S. 1938) 58 S. Ct. 565.

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Taxation - Real Property Assessment, Wayne E. Bahler Apr 1938

Taxation - Real Property Assessment, Wayne E. Bahler

Michigan Law Review

Based upon the cost-depreciation method applicable to adjacent property, the assessment of the Detroit-Windsor tunnel and terminal resulted in taxes equal to forty-one per cent of the gross revenue for the depression years of 1931-1934; The federal district court enjoined the collection of such amount, and assessed the property by the capitalized income method (seven per cent) plus $3,500 for the value of possible future increased earnings. Upon appeal it was held that the injunction on the original levy be affirmed since the cost-depreciation method was erroneous and offensive to the Fourteenth Amendment in not taking account of depressions or …

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Trusts - Validity - Subject Matter - Profits To Be Acquired In The Future, Paul R. Trigg Apr 1938

Trusts - Validity - Subject Matter - Profits To Be Acquired In The Future, Paul R. Trigg

Michigan Law Review

The plaintiff contemplated trading in the stock market and in 1927 declared a trust of the proceeds of his stock trading for the year 1928 in favor of various members of his immediate family, agreeing to assume all losses personally and to distribute all profits equally among the beneficiaries after deducting a reasonable compensation for his services. At the expiration of the year 1928, plaintiff deducted $10,000 as compensation, which he reported in his tax return for that year, and credited the named beneficiaries with the remainder on his books, these amount being reported in their respective tax returns for …

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Monthly Periodical Index, Michigan Law Review Apr 1938

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-four leading law reviews.

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Front Matter, Michigan Law Review Mar 1938

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 36, Issue 5 of Michigan Law Review

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Federal And State Cooperation Under The Constitution, Louis W. Koenig Mar 1938

Federal And State Cooperation Under The Constitution, Louis W. Koenig

Michigan Law Review

Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …

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Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw Mar 1938

Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw

Michigan Law Review

A recent decision in the Circuit Court of Appeals upholding the constitutionality of the powers of search granted to the Securities and Exchange Commission in the Securities Act of 1933 brings to the fore again the question of the extent to which the Federal Government may validly investigate and demand the production of the books and records of private businesses.

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Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann Mar 1938

Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann

Michigan Law Review

Inquiry into the admissibility of evidence showing mental deficiency in a witness is suggested by State v. Teager, a recent decision of the Supreme Court of Iowa. Defendant, charged with assault with intent to commit rape, offered to prove by a school teacher that the complaining witness, a child twelve years old, was "at least two years behind in her school work . . . subnormal mentally . . . and ought to be in an institution . . . . " No objection had been made to the competency of such witness. It was held that the evidence …

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Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review Mar 1938

Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review

Michigan Law Review

Plaintiff sued to recover for personal injuries sustained when riding with defendants in the latters' automobile. The parties were on a few days' pleasure trip. It was apparently the tacit and mutual understanding that the expenses of transportation, hotels, etc., would be shared equally. Held, plaintiff was a guest within the meaning of the guest statute, and thus had no right of recovery against the driver or owner for injury resulting from the negligence of the driver. McCann v. Hoffman, (Cal. 1937) 70 P. (2d) 909.

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Automobiles - Effect Of Violation Of Penal Licensing Statute, Michigan Law Review Mar 1938

Automobiles - Effect Of Violation Of Penal Licensing Statute, Michigan Law Review

Michigan Law Review

Plaintiff sued to recover for damages sustained when a negligent defendant collided with plaintiff's car. An unlicensed operator was driving plaintiff's car at the time. A state statute prohibited the operation of an automobile by an unlicensed driver, and specifically provided that no person shall "permit" operation of his car by such a driver. Held, plaintiff may recover, as he reasonably believed that the driver was licensed. Bowdler v. St. Johnsbury Trucking Co., (N. H. 1937) 189 A. 353.

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Corporations - Corporate Seal - When Affixing Seal Makes The Instrument A Specialty, Edward D. Ransom Mar 1938

Corporations - Corporate Seal - When Affixing Seal Makes The Instrument A Specialty, Edward D. Ransom

Michigan Law Review

The plaintiff contracted to buy gasoline from a subsidiary of the defendant. The lengthy contract was signed at the end by the proper officers and in juxtaposition to the signatures were the corporate seals of both parties. The contract contained a recital of sealing. On a separate page, but attached to the contract, was a guaranty by the defendant of the subsidiary's performance. This also was sealed with the corporate seals of both parties adjacent to the signatures of the officers. No mention of sealing was contained in the guaranty. On default by the subsidiary, the plaintiff sued on the …

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Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review Mar 1938

Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review

Michigan Law Review

In a prosecution for murder the prosecuting attorney, in his opening address, improperly stated that the evidence would show that both defendants had previous records for burglary and robbery, had served time in penitentiaries, and that the state would ask that the two men be hanged on the basis of this and other evidence. No objection or move for a mistrial was made at the time by the defendants, nor was the court requested to instruct the jury to disregard the remarks. Defendants were unquestionably guilty of murder, the evidence for the state being conclusive, while that of the defendants …

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Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey Mar 1938

Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey

Michigan Law Review

Plaintiff entered into a contract with defendant in which defendant agreed to participate in a boxing match with the then heavyweight champion of the world. The contract also provided that if the defendant won the bout and himself became heavyweight champion he would render his services as a boxer in his first boxing contest thereafter, in defense of his title, under plaintiff's auspices. The contract further provided that defendant was to engage in no other boxing contests in which a decision was rendered prior to such championship bout, without the written consent of the plaintiff. Subsequently, three amendatory contracts were …

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Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review Mar 1938

Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review

Michigan Law Review

A statute prohibited bucketing operations by dealers in securities and commodities, and provided penalties for such offenses. Plaintiff alleges that, acting without knowledge of defendant's illegal operations, he gave the defendant an order for the purchase of stock, which, he says, was not executed, as defendant reported, but "bucketed" in a manner prohibited by statute. Plaintiff sued to recover damages. Defendant demurred on the grounds (1) that the transaction referred to was not bucketing, but (2) that if it was, defendants were not liable to this plaintiff as the latter was not within the class of persons intended to be …

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Book Notes, Michigan Law Review Mar 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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Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio Mar 1938

Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio

Michigan Law Review

Evans and Fulmer entered into an agreement for an exchange of two pieces of property. Fulmer assumed two mortgages on the property conveyed to her. According to the agreement, Evans gave a first mortgage on the property conveyed to him to a third person and a second mortgage to Fulmer. Evans defaulted on the first mortgage assumed by him; Fulmer, who held the second mortgage, foreclosed and as a result suffered a $17,000 loss. Later, Evans regained possession of the promissory notes evidencing the second mortgage on the property conveyed to Fulmer, and assigned them to Goldfarb who sued Fulmer, …

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Patents - Patentability Of The Product Of A Process, Julian Caplan Mar 1938

Patents - Patentability Of The Product Of A Process, Julian Caplan

Michigan Law Review

The problem to be discussed in this comment can best be illustrated by setting forth a hypothetical fact situation. It will be assumed that an inventor, A has invented a new and useful process for refining oil, which process is denoted process X. Heretofore all oil has been refined by process Y. The oil produced by process X does not differ sufficiently in its chemical and physical properties from that produced by process Y so that the inventor can get a patent on the oil as such. Assuming that, upon proper application, A may receive a patent for …

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