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Michigan Law Review

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Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps Jan 1937

Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps

Michigan Law Review

Plaintiff, a member of the bar, sued to recover damages for an alleged libel committed by defendant by maliciously failing to rate him in its annual directory, though continuing to carry his name, after having both carried his name and rated him for many years previously. Held, that the publication was not libellous per se, and that therefore special damages beyond a general allegation of injury to professional reputation, business, and practice must be alleged and proved to show a cause of action on demurrer. Ellsworth v. Martindale-Hubbell Law Directory, Inc., (N. D. 1936) 268 N. W. 400.

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Negligence -Affirmative Duty To Aid Others, Donald H. Larmee Jan 1937

Negligence -Affirmative Duty To Aid Others, Donald H. Larmee

Michigan Law Review

The plaintiff alleged that his intestate was taken ill while in the defendant's store. The defendant placed her in an infirmary and there left her for six hours without further medical care. By reason of the lack of medical care the plaintiff's intestate died. On appeal from the lower court's denial of the defendant's motion to dismiss the complaint, held that the complaint stated a cause of action. The court assumed that the defendant owed no duty to the intestate to render her any assistance whatsoever, but that upon placing her in the infirmary the defendant assumed the undertaking to …

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Trusts-Breach By Trustee--Liability Of Trustee Taking Title To Note And Mortgage In Individual Name, Milton M. Howard Jan 1937

Trusts-Breach By Trustee--Liability Of Trustee Taking Title To Note And Mortgage In Individual Name, Milton M. Howard

Michigan Law Review

A corporate trustee, authorized to invest trust funds in mortgage loans, made such an investment, taking title to the mortgage and note securing the same in its individual name. The beneficiary sought to surcharge the trustee for the full amount of the funds so invested, the property having declined in value due to a world-wide depression. The trustee defended on the ground that the trust had been declared in a separate instrument recorded in its files, that such was an established practice, that it acted on expert advice, in good faith and for the best interests of the beneficiary. Held …

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Monthly Periodical Index, Michigan Law Review Jan 1937

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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Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review Jan 1937

Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review

Michigan Law Review

Plaintiff, father and administrator of the estate of a seven year old child, brought suit, under the Death Act, alleging that defendant's negligent failure to connect him with the family physician was the proximate cause of the death of the child. Held, by a majority of the court, that there was no liability, because the deceased, had she lived, would have had no cause of action on these facts. Emery v. Rochester Telephone Corporation, 271 N. Y. 306, 3 N. E. (2d) 434 (1936).

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Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps Jan 1937

Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps

Michigan Law Review

Defendant was convicted of violating an ordinance of the City of Long Beach. That ordinance related exclusively to the barber trade and made it a misdemeanor, punishable by fine or imprisonment or both, to advertise prices of services in any publication, handbill, or notice whatsoever, provided, however, that prices might be displayed within a barber shop in such manner as not to be visible from the outside, and provided further that no advertising of prices should be allowed on the windows or on the outside of the shop, or on the adjacent sidewalk or street. Held, the ordinance was …

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Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard Jan 1937

Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard

Michigan Law Review

Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).

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Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps Jan 1937

Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps

Michigan Law Review

Petitioners, husband and wife, residents of Texas, made returns of community income for the year 1932, listing as exempt the salary of the wife who was superintendent of a non-profit cafeteria system operated by the Ft. Worth public schools for the exclusive patronage and benefit of teachers and students. The Commissioner of Internal Revenue refused the exemption and levied a deficiency tax of $105. On appeal from an affirmance of the commissioner's decision by the Board of Tax Appeals, held, reversed on the ground that the operation of the cafeteria system was a proper exercise of a governmental function …

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Front Matter, Michigan Law Review Jan 1937

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 35, Issue 3 of Michigan Law Review

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Commission Jurisdiction Over Utility Cooperatives, Israel Packel Jan 1937

Commission Jurisdiction Over Utility Cooperatives, Israel Packel

Michigan Law Review

A group of farmers desire electricity. They propose to form a cooperative, to borrow money and to construct electric distribution lines. They probably will incorporate the cooperative as a stock or non-stock corporation in order to obtain the benefit of limited liability. The cooperative might be formed under a statute specifically enacted to authorize the formation of cooperatives or under a general incorporation statute. Normally, the charter of the cooperative will provide for equality in control by the members or shareholders and for a limited return or no return on capital investment. The cooperative will probably apply to the Federal …

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Collateral Liabilities Under Section 77b, Homer Kripke Jan 1937

Collateral Liabilities Under Section 77b, Homer Kripke

Michigan Law Review

The passage of section 77B of the Bankruptcy Act in 1934 suggested to some lawyers the possibility of using the section as a means of modifying or eliminating the responsibility of persons collaterally liable on obligations for which the corporation to be reorganized or its property was also responsible. The question arose in two common types of situations: (1) guaranties of payment of dividends on capital stock; (2) liability for payment of the bonds or other indebtedness of corporations. In either of these situations, can the liability of persons other than the corporaticm be discharged or modified by reorganization of …

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Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review Jan 1937

Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review

Michigan Law Review

A parent corporation owned all the stock of a subsidiary which it had organized to hold real estate, its own business being mercantile. The directors and officers of both corporations were identical. The subsidiary sublet premises for ninety-nine years, in turn leasing them to the parent for ten years. Improvements were made in accordance with the subsidiary's contract, and "leasehold trust certificates" were issued by an assignee of the underlying lease. The parent quit the premises before the expiration of its lease, but paid the rent for the whole period. The subsidiary then defaulted on the ninety-nine year lease, having …

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Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen Jan 1937

Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen

Michigan Law Review

Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …

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Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review Jan 1937

Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review

Michigan Law Review

Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …

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Corporations - Common Board - Fraud - Ratification By Majority Stockholders, Theodore R. Vogt Jan 1937

Corporations - Common Board - Fraud - Ratification By Majority Stockholders, Theodore R. Vogt

Michigan Law Review

Defendants were directors and officers of a managing corporation and its subsidiary. Both corporations paid defendants salaries, those from the managing corporation approximating the fees paid to it by the subsidiary for management services which were rendered by defendants. Held, payment of management fees by the subsidiary under such circumstances is fraudulent and recoverable from defendants, in a derivative suit by minority stockholders, despite a resolution of the majority stockholders of the subsidiary ratifying the payment. Eshleman v. Keenan, (Del. Ch. 1936) 187 A. 25.

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Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee Jan 1937

Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee

Michigan Law Review

The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water …

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Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz Jan 1937

Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz

Michigan Law Review

The Pennsylvania wrongful death statute provides that whenever death shall be occasioned by unlawful violence or negligence and no suit has been brought by the party injured during his or her life, the husband, widow, children, or parents of the deceased shall be entitled to recover for damages for injuries causing the death. Under this statute a father sued to recover damages for the death of his daughter which resulted from an automobile accident caused by the negligence of her husband. Held, the wife's disability to sue her husband for tort is personal; it does not bar recovery of …

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Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson Jan 1937

Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson

Michigan Law Review

In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere "fishing expedition." One paragraph of the subpoena was declared invalid, as lacking …

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Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson Jan 1937

Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson

Michigan Law Review

Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique …

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Book Notes, Michigan Law Review Jan 1937

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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Effect Of Pledgee's Breach Of Duty On Existence Of The Debt, William H. Farnham Dec 1936

Effect Of Pledgee's Breach Of Duty On Existence Of The Debt, William H. Farnham

Michigan Law Review

When A borrows money from B, and transfers to B possession of A's chattel as pawn, it will be observed at once that B, the pledgee, has become the owner of two things: (a) a contract right or debt against A ; (b) a pledgee's interest in or lien upon the pawn. If the pledgee thereafter, but before payment of the debt, is guilty of a breach of duty in his dealing with the pawn, problems present themselves as to the effect of the pledgee's wrongful conduct on the existence and ownership of the debt and of …

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Corporations - Capital, Capital Stock And Stock, Frederick K. Brown Dec 1936

Corporations - Capital, Capital Stock And Stock, Frederick K. Brown

Michigan Law Review

The recent case of Haggard v. Lexington Utilities Co. is typical of the nominalistic confusion occasioned by the use of the terms "capital" and "capital stock." Whatever progress the courts have made toward making them words of precise signification has not been reflected in the drafting of statutes, where they are employed to represent a bewildering number of connotations. The courts have recognized this and have not sought to make them words of art with a single, definitive meaning but through the mechanics of statutory interpretation have sought to divine the legislative intent.

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Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow Dec 1936

Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow

Michigan Law Review

One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …

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Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman Dec 1936

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman

Michigan Law Review

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …

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Contracts - Interpretation - "Permanent Employment'', Michigan Law Review Dec 1936

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review

Michigan Law Review

Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …

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Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review Dec 1936

Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review

Michigan Law Review

Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.

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Principal And Surety - Fidelity Bonds - Effect Of Failure To Make Disclosures Regarding Bonded Employees, Francis T. Goheen Dec 1936

Principal And Surety - Fidelity Bonds - Effect Of Failure To Make Disclosures Regarding Bonded Employees, Francis T. Goheen

Michigan Law Review

The defense on a fidelity bond given by the cashier was the failure of the officers of the obligee bank to disclose that prior to the execution of the bond the bank examiner had discovered and advised the officers that the cashier had, without the knowledge and consent of the officers and directors, become indebted to the bank in the. sum of $889.60 by paying his own checks drawn on the bank. When the overdraft was called to his attention the cashier immediately repaid the bank. The surety insisted that despite the fact that the officers of the bank may …

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Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt Dec 1936

Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt

Michigan Law Review

Defendant was convicted of violating the liquor laws. He complained of the trial court's refusal to instruct the jury that greater care should be used in weighing the evidence of police officers than that of other witnesses. Held, such an instruction was properly refused because the witnesses were regular members of the city police force. McCartney v. State, 129 Neb. 716, 262 N. W. 679 (1935).

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Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review Dec 1936

Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review

Michigan Law Review

Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …

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Book Notes, Michigan Law Review Dec 1936

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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