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Articles 241 - 249 of 249
Full-Text Articles in Law
Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover
Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover
Michigan Law Review
In an action by the bank to recover money paid on a check from the holder bank which had cashed the check for an unknown payee without requiring identification, and had then presented it to the drawee bank for payment, the drawer's name being forged, it was held that the drawee bank could recover, on the ground that the holder's negligence had lulled the drawee into indifference as to the drawer's signature when paying the check. Louisa Nat. Bank v. Kentucky Nat. Bank (Ky. 1931) 39 S.W. (2d) 497.
Contracts - Illegality- General Restraint Of Trade
Contracts - Illegality- General Restraint Of Trade
Michigan Law Review
Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.
Damages - Death Of Minor Child Caused By Negligent Act
Damages - Death Of Minor Child Caused By Negligent Act
Michigan Law Review
The defendant's negligence, resulting in the death of a child four years and nine months old, caused the jury to assess damages at $4,500 in an action brought for the benefit of the parents pursuant to the terms of the Death Act, (2 N. J. Comp. Stat. 1907, 1908 (1910)) which provides that "in every such action the jury may give such damages as they shall deem fair and just with reference to the pecuniary injury resulting from such death . . . . " On appeal, the supreme court held the damages excessive, and reduced the amount of recovery …
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Michigan Law Review
A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …
Torts -Attractive Nuisance - Natural Hazards
Torts -Attractive Nuisance - Natural Hazards
Michigan Law Review
The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …
Torts - Fraud - Spoliation Of Will
Torts - Fraud - Spoliation Of Will
Michigan Law Review
In a suit in tort for damages, plaintiff alleged that defendant, heir-at-law of the decedent, suppressed a genuine will under which the plaintiff was devisee, and forged and fraudulently probated a will which did not contain the devise to the plaintiff who remained in ignorance of both the fraud and the existence of the genuine will for more than twenty years. The defendant demurred. Held, that the plaintiff has a cause of action in tort. Morton v. Pettit, 38 Ohio App. 348, 176 N.E. 494 (1930), aff'd., (Ohio 1931) 177 N.E. 591.
Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss
Michigan Law Review
P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes had spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided: "Sec. 2 (b). Claims for loss or damage . . . must be made in writing . . . within six months after a reasonable time for delivery has elapsed." The testimony of Neiss, freight clerk, who was called …
Municipal Corporations - Governmental Function - Liability For Nuisance
Municipal Corporations - Governmental Function - Liability For Nuisance
Michigan Law Review
Plaintiff was injured at a municipal bathing beach as the result of a dive from a spring board into shallow water. Held, that while the city was not liable for the negligent performance of a governmental function, the jury would be justified in finding that the diving board, as erected, constituted a nuisance, and that the defendant city would be liable, on that ground, for personal injuries sustained by the plaintiff. Hoffman v. City of Bristol, 113 Conn. 386, 155 Atl. 499 (1931).
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.