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The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Articles
The topic of this symposium is the influence that international law has had on domestic law of the United States. I believe that the story of the revision of Article 5 of the Uniform Commercial Code fits here, but some might dispute that. Although it is certainly fair to say that international practice-in a sense international law-was a powerful influence on the revision of Article 5 of the Uniform Commercial Code, that practice, and the way in which that influence was exerted were almost entirely sui generis to the letter of credit law, practice and history.
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Articles
A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …
The New York Truth In Travel Act, Lisa Kennedy
The New York Truth In Travel Act, Lisa Kennedy
University of Michigan Journal of Law Reform
A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …
New York Specious Cash Sales Act, Craig D. Holleman
New York Specious Cash Sales Act, Craig D. Holleman
University of Michigan Journal of Law Reform
The New York Legislature recently moved to protect consumers in that state from unscrupulous retailers of consumer goods and financers of consumer loans by enacting the Specious Cash Sales Act. The new law is the third in a series of measures designed to remedy certain perceived inequities to which the holder in due course doctrine gives rise in the consumer goods field. Earlier this year, the Legislature undercut complicated mechanisms whereby a finance company could procure from a retailer contracts and obligations containing a waiver-of-defenses provision executed by the buyer-consumer. This law in turn complemented a still earlier statute which …
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
Michigan Law Review
A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …
Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed.
Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed.
Michigan Law Review
Defendant, a Texas manufacturing corporation, employed a corporate agent to solicit orders in New York. The agent maintained a showroom, used defendant's name on its office door and stationery, and paid all the expenses of the New York business out of sales commissions. All orders were subject, to acceptance by the defendant and were filled from Texas. In an action for trade-mark infringement brought in the New York state court and removed to the federal district court, service of summons and complaint was made upon the manager of the New York agency. The district court quashed the service and dismissed …
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Michigan Law Review
The respondent, a New York corporation licensed to do retail business in Iowa, did a large mail order business there also. Iowa customers sent orders by mail to the company's warehouses located outside that state, and the merchandise was shipped directly to the purchaser. On these mail order sales the company neither collected from its customers, nor paid to the state, the Iowa use tax. The petitioner, chairman of the state tax commission, threatened to cancel the respondent's license as a retailer and its permit to do business in Iowa unless such use tax were paid. Respondent obtained an injunction …
Interstate Commerce - Discrimination Between Shippers By Providing Non-Transportation Services At Less Than Cost, Thomas K. Fisher
Interstate Commerce - Discrimination Between Shippers By Providing Non-Transportation Services At Less Than Cost, Thomas K. Fisher
Michigan Law Review
In order to increase the use of rail transportation, seven railroads with terminals at the Port of New York expended a total of $35,000,000 in construction of warehouse and docking facilities. Charges for leases, storage (both in and out of the transit privilege), handling and insurance were found by the Interstate Commerce Commission to be non-compensatory. The commission further found that the below-cost warehouse rates were not available to all shippers alike. Upon an appeal by the carriers from a three-judge court's dismissal of their petition to enjoin enforcement of a cease and desist order issued by the commission, it …
Sales-Corporate Reorganization Proceedings Under Section 77b-Right Of Conditional Vendors To Reclaim Property
Michigan Law Review
The debtor, a laundry corporation, had filed a petition for reorganization under Section 77B of the Bankruptcy Act. The petition was granted, but prior to the approval by the court of a reorganization plan several conditional vendors (whose sales agreements had been filed according to the requirement of the New York law) moved to retake the articles sold, in accordance with said law relative to conditional sales, the debtor having defaulted in the agreed payments. Held, the conditional vendors were not lienors nor mortgagees, whose interests would have been covered by the reorganization petition; and since the chattels were …
Sales-Conditional Sales-Resale By Seller
Sales-Conditional Sales-Resale By Seller
Michigan Law Review
Plaintiff bought fourteen cabs from defendant on a conditional sate contract, and after paying more than fifty per cent of the purchase price defaulted in his payments. Defendant then retook possession of the cabs and undertook to foreclose plaintiff's interest therein by a resale at public auction, as required by the Uniform Conditional Sales Act, in force in the jurisdiction. The specific requirements of the Act relative to notice of the sale were complied with, but the notices did not state where the cabs were being kept, and at the time of the sale they were in a garage miles …