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Articles 1 - 30 of 202
Full-Text Articles in Law
Workmen's Compensation-Right Of Dole Employee To Compensation
Workmen's Compensation-Right Of Dole Employee To Compensation
Michigan Law Review
The plaintiff, a citizen on the relief rolls of the defendant city, was put to work in accordance with a scrip relief plan under which persons receiving aid were "required" to work if they were able. They were paid a stipulated amount of script per hour, which was exchangeable for goods at the city store. The plaintiff was injured while using a wheelbarrow in line of duty in so working in the city park, and claimed the right to workmen's compensation under the statute as an employee of the city. The court held, by a five-to-three division, that the …
Banks And Banking -- Stop-Payment Orders Releasing Bank From Liability For "Inadvertent" Payment
Banks And Banking -- Stop-Payment Orders Releasing Bank From Liability For "Inadvertent" Payment
Michigan Law Review
In an action by a depositor against his bank for money paid out on a check in violation of a stop-payment order, the bank interposed the defense that the terms of the order excused it if it should pay through "inadvertence or accident," and that the check was so paid. It was held that the bank was not liable. Hodnick v. Fidelity Trust Co., (Ind. App. 1932) 183 N. E. 488.
Evidence-The Unchastity Of A Female Witness As A Ground For Impeaching Her Veracity
Evidence-The Unchastity Of A Female Witness As A Ground For Impeaching Her Veracity
Michigan Law Review
The underlying question which we propose to consider is this: Has the trait of chastity any such definite correlation with that of veracity that courts are justified in using the former as a criterion of the latter? It must be apparent from even a brief survey of the decisions in this field, and the reasons given therefor, that on this question the courts are swayed far more than ordinarily by their emotional reactions. Buttressed with sentiments that cannot fail to stir the heart of the male in any monogamous community and riveted with references to religion as well as the …
Bills And Notes-Warranty Of Qualified Indorser -When Instrument "Valueless"
Bills And Notes-Warranty Of Qualified Indorser -When Instrument "Valueless"
Michigan Law Review
In an action based upon the vendor's warranty in the sale of a note as set forth in the N.I.L., sec. 65 (4), it being alleged that the maker was insolvent and the mortgaged property worth much less than the debt at the time of the transfer of the note and that both such facts were known to the transferor, held, a ruling sustaining a demurrer should be affirmed. Leekley v. Short, (Iowa 1933) 249 N. W. 363.
Bank Reorganization And Recapitalization In Michigan, Ellis B. Merry
Bank Reorganization And Recapitalization In Michigan, Ellis B. Merry
Michigan Law Review
On January 2, 1933, 420 state and 68 national banks were operating in Michigan. On February 13, the Governor of Michigan proclaimed a banking holiday for eight days which was extended in effect on February 22. On March 4, the President proclaimed a national banking holiday until March 9. Under the provisions of the President's proclamation lifting the national banking holiday, 198 state and approximately 30 national banks were reopened by the appropriate authorities as "sound" banks. State bank conservators assumed the management and custody of 215 state banks which did not open, on appointment by the Commissioner of the …
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
Though the Supreme Court has never had occasion to express its views as to the gasoline tax in its relation to interstate motor carriers (see first instalment of this article), it has been confronted with a series of cases involving automobile registration taxes. Every State today imposes such taxes. A brief discussion of the theory and nature of such taxes will aid in understanding their legal consequences.
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Michigan Law Review
Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …
Bills And Notes-Bonds Payable At Office Of Trustee Which Becomes Insolvent After Due Date But Before Bonds Presented, Ralph W. Aigler
Bills And Notes-Bonds Payable At Office Of Trustee Which Becomes Insolvent After Due Date But Before Bonds Presented, Ralph W. Aigler
Michigan Law Review
In Morley v. University of Detroit, decided May 16, 1933, the Supreme Court of Michigan reaches a conclusion not only of intense interest as a matter of legal doctrine, but also tremendously important, if followed, in determining the location of losses that may run into large sums. The defendant had floated a large bond issue secured by trust mortgage to a Trust Company. Among the obligor's undertakings in the mortgage was one to the effect that it would punctually pay the principal and interest of every bond according to the terms of the bond and coupons and would "deposit …
Constitutional Law-Strike As Interference With Interstate Commerce
Constitutional Law-Strike As Interference With Interstate Commerce
Michigan Law Review
Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …
Banks And Banking - Liability Of Bank For Paying Check After "Stop-Payment Order"
Banks And Banking - Liability Of Bank For Paying Check After "Stop-Payment Order"
Michigan Law Review
The plaintiff drew a check on the defendant bank in which he had deposited sufficient funds to meet his order. Before the check was presented, the plaintiff telephoned the defendant bank to stop payment. He described the check as to payee, date, number and amount and in the course of his conversation informed the bank employee that he was "Shude, from the Anchor Steel Co." The countermanding order was applied to the account of the Anchor Steel Co. and plaintiff's check was payed. Held, plaintiff should recover. Shude v. American State Bank, 263 Mich. 519, 248 N. W. …
Banks And Banking-Liability Of Drawee Bank For Payment On Forged Indorsement
Banks And Banking-Liability Of Drawee Bank For Payment On Forged Indorsement
Michigan Law Review
Plaintiff's depositor gave to A a check, payable to A and B, in return for a chattel mortgage and a note, both signed by A and B. The check was indorsed and presented to the defendant bank for collection. The plaintiff paid the check, debiting the drawer's account. Two years later, when the note came due, it was found that B's name had been forged to the note, the mortgage, and the check. Plaintiff then credited its depositor's account with the amount of the check, and now seeks to recover from the defendant. The court held that …
Bills And Notes - Forged Indorsement - Liability Of Collecting Bank To Drawer
Bills And Notes - Forged Indorsement - Liability Of Collecting Bank To Drawer
Michigan Law Review
Plaintiff drew a check payable to V. It was stolen by H, plaintiff's employee, and delivered to a confederate who forged V's indorsement and deposited the check in the defendant bank which collected on the instrument. Plaintiff was reimbursed by H's bonding company, and then sought to recover the amount of the check from the defendant. Held, that though plaintiff could ordinarily recover the proceeds of its stolen, undelivered check from the collecting bank, recovery here would be denied because plaintiff had already been reimbursed for its loss. Washington Mechanics' Savings Bank v. District Title …
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Michigan Law Review
The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Michigan Law Review
In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …
Corporations - Pledge Of Stock - Statutory Liability Of Pledgee
Corporations - Pledge Of Stock - Statutory Liability Of Pledgee
Michigan Law Review
The owner of shares of bank stock pledged them to defendant corporation to secure a loan. Defendant had the bank issue a new certificate to it in its own name. On the failure of the bank plaintiffs, creditors, sought to hold defendant for "double" liability under statute. Held, under the Montana statute providing that pledgees should not be personally liable as stockholders, defendant was not liable despite the fact that the bank's records did not show it to be a pledgee. Mitchell v. Banking Corp. of Montana, (Mont. 1933) 24 Pac. (2d) 124.
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
Michigan Law Review
Plaintiff, a Wisconsin labor union, was granted a temporary injunction restraining defendant shoe company, a party to the President's Re-employment Agreement, from "further interference with the right of its employes to organize into unions of their own free will and choice" and from "interfering with . . . the freedom of its employes in the designation of representatives of their own choice for the purpose of bargaining collectively" with the company. The court decided that defendant had violated its agreement with the President to comply with section 7 (a) of the National Industrial Recovery Act. This last was based on …
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Michigan Law Review
The plaintiff hired Hilton, a private carrier, to drive her from Detroit to Ann Arbor. Hilton's car collided with a car driven by the defendant, both Hilton and the defendant being negligent. Held, that the plaintiff could recover, as the negligence of a private carrier for hire will not be imputed to a passenger riding in his conveyance. Three judges dissented; the four concurring judges refused to join Justice McDonald in his opinion expressly overruling the whole doctrine of Thorogood v. Bryan. Lachow v. Kimmich, 263 Mich. 1, 248 N. W. 531 (1933).
Torts - Principal And Agent - Liability For Negligent Driving
Torts - Principal And Agent - Liability For Negligent Driving
Michigan Law Review
Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.
Carriers - Damages From Preferential Rates
Carriers - Damages From Preferential Rates
Michigan Law Review
The Interstate Commerce Commission held that defendant railroad was discriminating against complainants in forcing them to pay the blanket rate for lumber dealers plus a short-line charge, and made an order to "cease and desist," but further held that the record would not support an award of damages, The Supreme Court of the District of Columbia refused a mandamus to compel the Commission .to award damages, but on appeal the Court of Appeals held that the writ should issue. On certiorari from the United States Supreme Court, held, judgment of Court of Appeals reversed and petition for mandamus denied …
Constitutional Law--- Status Of Courts Of District Of Columbia
Constitutional Law--- Status Of Courts Of District Of Columbia
Michigan Law Review
Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …
Federal Practice - Appeal And Error - Single Appeal From State Court Involving Consolidated Suits
Federal Practice - Appeal And Error - Single Appeal From State Court Involving Consolidated Suits
Michigan Law Review
Three national banks brought separate suits in a state court against the same defendants to annul a tax assessment, claiming that the act authorizing such assessment violated a federal statute. The suits were consolidated for the trial of this main issue but a separate judgment was rendered in favor of each bank. The defendants took three separate appeals to the state supreme court, but only one transcript was sent up and the appeals were docketed and argued as one case. In a single opinion the court annulled the judgments appealed from. The plaintiffs took a single appeal to the Supreme …
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Michigan Law Review
Professor Edson R. Sunderland stated in 1920 that a glaring failure chargeable to the legal profession in America was "its ignorance and indifference to improvements in procedural practice developed in other jurisdictions," pointing out that while discoveries by foreign scholars in the field of medicine were eagerly accepted, similar innovations in the field of law were uniformly ignored regardless of merit. Such apathy is largely attributable to the legislatures, but the courts cannot be given an entirely clean bill of health, for attempted procedural reforms have often been nullified, in whole or in part, by technical construction and an attempted …
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Michigan Law Review
The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Michigan Law Review
Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Michigan Law Review
The Federal Power Commission found that the plaintiff's proposed hydroelectric development on the non-navigable New river in Virginia would affect interstate commerce on the navigable Kanawha river to which the New river was tributary. The Commission thereupon tendered the plaintiff a standard or major form license for the project. Such a license, had it been accepted by the plaintiff, would have subjected it to all the provisions of the Federal Water Power Act of 1920, including those concerning the regulation of rates, issuance of securities, expropriation of excess profits, amortization reserves, and recapture at the end of fifty years on …
Fixtures - Fraud As Basis Of Implied Contract To Retain Status Of Personal Ty After Annexation
Fixtures - Fraud As Basis Of Implied Contract To Retain Status Of Personal Ty After Annexation
Michigan Law Review
S, owner of a farm upon which the defendant held a first mortgage, purchased from the plaintiff, a lumber dealer, building material for the definite purpose of constructing a substantial barn upon the farm. Plaintiff was induced to make the sale in reliance upon fraudulent representations made by S. After the barn was built the plaintiff discovered the fraud. He then brought suit to establish his right to remove the barn, contending that the fraud constituted an implied agreement that the building was to be personal property. Held that, under the circumstances, as a matter of law the …
Receivers-Provability Of Debts Owed By Insolvent Subsidiary To Parent Corporation
Receivers-Provability Of Debts Owed By Insolvent Subsidiary To Parent Corporation
Michigan Law Review
The defendant, a Massachusetts corporation, was organized by the plaintiff corporation in order to enable the latter to extend its line of railroad into Massachusetts. The plaintiff corporation owned the entire stock of the defendant company; all the money used by the defendant was advanced by the plaintiff; the management structures of the two corporations were practically the same, a majority of the directors and the principal officers of the one company occupying a like position with the other; the books of account of both companies were kept in the office of the plaintiff by its accountants - in short, …
Contracts - Duration Of Employment When No Time Is Specified
Contracts - Duration Of Employment When No Time Is Specified
Michigan Law Review
The plaintiff, claiming a contract from year to year, sued to recover for the unexpired portion of the second year of his employment which defendant had terminated. The offer, made and accepted by mail, was for "the position of General Sales Manager at a salary of $15,000 per year to begin with . . . . " It further appeared that plaintiff had moved from New York to Milwaukee, that he had been making more money per year prior to this employment, and that payment by defendant had been made monthly. Held, that the hiring was indefinite and terminable …
Mortgages - Necessity Of Making A Lessee A Party To The Foreclosure Of A Prior Mortgage
Mortgages - Necessity Of Making A Lessee A Party To The Foreclosure Of A Prior Mortgage
Michigan Law Review
A mortgagee foreclosed by a bill in equity without making a lessee, under a lease executed subsequent to the mortgage, a party. In a suit by the purchaser at the foreclosure sale to recover rent from the lessee the court held that the foreclosure put an end to the term and the obligation to pay rent notwithstanding the fact that the lessee was not made a party to the foreclosure proceedings. Dolese v. Bellows-Claude Neon Co., 261 Mich. 57,245 N. W. 569 (1932).
Equity- Declaratory Judgment -Injunction To Protect Right In Easement
Equity- Declaratory Judgment -Injunction To Protect Right In Easement
Michigan Law Review
Defendant owned a piece of land in a city block, and plaintiff owned an ad joining piece of land together with an easement for light and air upon a contiguous strip of defendant's land 4 feet wide and 90 feet long. Plaintiff's land alongside the strip was vacant, and he had no immediate intention of building thereon. Defendant erected an office building on his land, constructing an outside stairway on the 4 x 90 foot strip. Plaintiff asked for a mandatory injunction compelling defendant to remove the stairway, stating in his argument before the court that though he had no …