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Articles 1 - 10 of 10
Full-Text Articles in Law
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Michigan Law Review
Plaintiff, a telephone subscriber, alleged that the defendant telephone company negligently severed the telephone connection between the plaintiff's house and defendant's central operating station and negligently failed to give plaintiff notice of the disconnection; that as a result, the plaintiff was delayed in notifying the fire department of an outbreak of fire on his property; and that the property was thereby destroyed. Plaintiff sought to recover damages for the resulting injury to his property. Held, defendant's duty to use due care was an implied term of the contract, and special damages growing out of a breach of such a …
Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff
Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff
Michigan Law Review
Plaintiff manufacturer sued, inter alia, for copyright infringement in the appropriation of the content of his catalogues by defendant, a former employee. It appeared that plaintiff had known of the infringement for over three years before filing suit, during which time he had made no protest or complaint, but had stood by while defendant incurred large expense in printing and distributing the catalogues. Held, plaintiff's laches barred relief for the infringement. Wiegand Co. v. Trent Co., (C. C. A. 3d, 1941) 122 F. (2d) 920.
Current Phases Of Derivative Actions Against Directors, Ralph M. Carson
Current Phases Of Derivative Actions Against Directors, Ralph M. Carson
Michigan Law Review
In assuming to discuss in this place some of the current phases of stockholders' derivative actions against directors of corporations, I shall try to keep a course between two extremes. On the one hand, it is of little use to fulfill the easy duty of enunciating general rules of law, stated in such a form that both parties in a contested cause may equally invoke them. Nor, on the other hand, is it of much value to fill an hour's time with details of cases recently decided which, although interesting in themselves, resist general application. What I shall try instead …
Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review
Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review
Michigan Law Review
Plaintiff was lessor and defendant was lessee under a ninety-nine year lease. After thirty-one years had expired under the lease, defendant gave notice of his intention to quit at the end of the current quarter. Plaintiff informed defendant that he would not accept a surrender, but before the end of the quarter defendant abandoned the premises. When defendant refused to pay rent for the next quarter as it became due, plaintiff sued for the difference between the rent reserved for a thirty-year period and the fair rental value for such a period. Held, the repudiation constituted a total breach …
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Michigan Law Review
Plaintiff, a New York corporation, was trustee under a mortgage deed to secure a bond issue executed by A, an Indiana corporation, in 1902. In 1906, B, an Indiana corporation, was formed, its franchise providing, inter alia, that after the expiration of twenty-five years, the company should be wound up and its property conveyed to C, the city of Indianapolis, subject to B's "outstanding legal obligations." In 1913, A leased all of its plant property to B for a term of ninety-nine years, B agreeing to pay as rental the interest on A's outstanding bonded …
Judgments - Conclusiveness Of Judgment As Against Persons Liable Over To Original Defendant - Applicability To Cases Of Resale Of Defective Chattels, David N. Mills
Michigan Law Review
The doctrine of res judicata against persons liable over who are given notice and opportunity to defend has received frequent application to cases of indemnitors, reinsurers, parties to bills and notes, covenantors of title in warranty deeds, and cases where the parties bore the relationship of principal and surety, master and servant, principal and agent, and landlord and tenant. While the rule has been applied without exception to cases of breach of warranty of title to chattels, it has apparently seldom been urged as applicable to other warranties, such as warranties of soundness and merchantability, for only five decisions can …
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Michigan Law Review
Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …
Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review
Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review
Michigan Law Review
Defendant organized a contest whereby the public was invited to guess the number of beans in a jar, the fifteen persons submitting the answers most nearly correct to be entitled to become participants in a "quiz contest" in which the prize was an automobile to be awarded to "the person who is the last to be eliminated." The participants drew for the order in which they were to be questioned, the plaintiff drawing first position. On the fourth round of questions the plaintiff missed the question put to him, and then the other contestant failed to answer correctly, whereupon the …
Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review
Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review
Michigan Law Review
In an action for malpractice, after the plaintiff had rested, defendant moved for a directed verdict. In response to an inquiry as to how he intended to rule upon the motion, the trial judge indicated that he would have to grant the motion. Plaintiff then moved for a voluntary nonsuit, but the judge proceeded to direct a verdict for the defendant. He later granted a motion to vacate the order directing a verdict and to set aside the verdict and judgment. Defendant sought mandamus to compel the trial judge to reinstate the directed verdict and judgment. Held, that under. …