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Full-Text Articles in Law
Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat
Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat
Michigan Law Review
The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …
Bills And Notes - Restrictive Indorsement
Bills And Notes - Restrictive Indorsement
Michigan Law Review
Plaintiff sued defendant to enforce the collection of two promissory notes which defendant indorsed in blank to X Bank. X Bank indorsed the notes to "Y Bank, as trustee." Y indorsed the notes to plaintiff. All the indorsements were before maturity and for value. Held, on the pleadings, that the order overruling the demurrer to the declaration be sustained. In a concurring opinion, Brown, J., stated that an indorsement to a corporation or person with the words, "as trustee," after the name is not a restrictive indorsement within the meaning of the Uniform Negotiable Instruments Law, sec. 6796, 7, …
Conflict Of Laws - Contracts - Public Policy
Conflict Of Laws - Contracts - Public Policy
Michigan Law Review
The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …
Navigable Waters - Public And Private Rights Therein
Navigable Waters - Public And Private Rights Therein
Michigan Law Review
Plaintiffs who owned the land underneath waters capable of navigation and who had been operating an established business of carrying passengers for hire in glass-bottomed boats in order to view the rock formations and sea vegetation, sought to enjoin defendants from operating competing boats. Held, in junction should be denied. Silver Springs Paradise Co. v. Ray (Fla. 1931) 50 F.(2d) 356.