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Articles 1 - 30 of 170
Full-Text Articles in Law
Corporations - Reorganization - Expedition Required Under Section 77b In Agreeing Upon And Presenting Acceptable Plan
Michigan Law Review
B corporation filed its petition for reorganization under Section 77B of the Bankruptcy Act. This was contested by answer of bondholders' committee and certain minor creditors as provided for in Section 77B (a) on the ground that reorganization was not in the best interests of the preserving of assets. Held, there is no reason to believe that with a fair and equitable plan of reorganization there would be no substantial equities; therefore, the petition is received and B is allowed to proceed under Section 77B and to present within a reasonable time some plan of reorganization as provided by …
International Law - Treaty Interpretation - Immunity Of Consul From Civil Suit
International Law - Treaty Interpretation - Immunity Of Consul From Civil Suit
Michigan Law Review
Tarcuanu, the vice-consul in charge of the Roumanian consulate in New York City, was served with a summons ma civil suit. This case involves his motion to have the summons vacated because of article 2 of the treaty of 1881 between the United States and Roumania, the pertinent part of which says: "The consuls-general, consuls, vice-consuls and consular agents of each of the two high contracting parties shall enjoy reciprocally in the States of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation." In this …
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Michigan Law Review
Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible …
The Banking Act Of 1935, Harold James Kress
The Banking Act Of 1935, Harold James Kress
Michigan Law Review
The purpose of this article is to consider in a non-technical manner the principal changes in federal central and commercial banking law which have been brought about by the enactment of the Banking Act of 1935, and in that connection to take some account of the preexisting law and the announced or ostensible reasons for the changes made.
May The Bar Set Its Own House In Order?, Lowell Turrentine
May The Bar Set Its Own House In Order?, Lowell Turrentine
Michigan Law Review
California is a particularly appropriate jurisdiction to be used as the basis for a study such as the present. Its State Bar Act of 1927 was one of the early, detailed, legislative attempts to confer self-governing powers upon the bar, its decisions have become leading cases on the questions of constitutionality and construction thus presented, and its reported disciplinary cases far outnumber those of any other state-baract jurisdiction. Consideration of the relative merits of different methods of bar integration is outside the scope of this paper. But no inference should be drawn from anything herein that a statutory bar of …
A Proposed Plan Of Classification For The Law, Charles C. Ulrich
A Proposed Plan Of Classification For The Law, Charles C. Ulrich
Michigan Law Review
One of the greatest needs of the law today is a satisfactory plan of classification. Whenever codes have been drafted, or digests and encyclopedias of the law compiled, from the time of the Romans to the present, the first problem that presented itself was always that of classification. The question of classification was considered when the work of the American Law Institute was begun and the restatement of the law attempted, though it does not seem to have been given the attention it merited. And despite various schemes of legal classification that have been proposed in the course of time, …
Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss
Michigan Law Review
Policies of insurance invariably contain provisions to the effect that, upon occurrence of the event insured against, notice thereof shall be given to the insurer. As in the normal contract, such condition qualifies the undertaking of the promisor unless its performance is legally excused. In actions for breach of promise, impossibility of performance has been held to constitute a good defense to the suit for damages in certain instances, though the early rule was that payment of damages was never impossible and hence impossibility of performance was no defense in an action for breach. It is to be noted that …
Corporations - Stock Market Manipulation - Rescission For Fraud
Corporations - Stock Market Manipulation - Rescission For Fraud
Michigan Law Review
To obtain a more favorable market ratio for the contemplated exchange, defendants maintained an artificial market in Harriman Bank stock, then offered to exchange that stock for Liberty Bank stock. In a suit brought by former Liberty Bank stockholders to obtain a rescission of the executed exchange upon the ground of fraud, held, that a good cause of action was stated. Wilcox v. Harriman Securities Corporation et al., (D. C. N. Y. 1933) Io F. Supp. 532.
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
Admiralty-Jurisdiction Over Torts-Personal Injuries Caused By A Fall From Vessel To Dock
Admiralty-Jurisdiction Over Torts-Personal Injuries Caused By A Fall From Vessel To Dock
Michigan Law Review
Plaintiff, a longshoreman, was employed by the defendant terminal company in unloading a vessel in a Great Lakes port. While working on the deck of the vessel he was struck by a swinging hoist, precipitated upon the wharf and injured. He sought compensation under the state workmen's compensation act, but the state supreme court vacated the commission's award on the ground that the federal law controlled. Held, by the United States Supreme Court, that the cause of action arose on the vessel where the blow was struck and was governed by the maritime law. Minnie v. Port Huron Terminal …
Assignments - Effect Of Assignment Of Contract By Receiver Of Liquidating Insolvent Corporation
Assignments - Effect Of Assignment Of Contract By Receiver Of Liquidating Insolvent Corporation
Michigan Law Review
The Chicago Tribune contracted to furnish the Washington Post with four comics and two features at a stipulated price per week. The Post went into the hands of a receiver who continued the contract and eventually assigned it to the Washington Post Publishing Company, plaintiff, along with "all assets of said company [the Post] of every kind, character, and description, except cash." The Post then went out of existence. The plaintiff, assignee, sued to enforce the contract, tendering payment in cash. Held, that the contract was assignable, that there had been a valid assignment, and that the contract remained …
Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded
Michigan Law Review
A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …
Corporations-Allowance For Depreciation Of Real Estate In Determining Surplus
Corporations-Allowance For Depreciation Of Real Estate In Determining Surplus
Michigan Law Review
In a proceeding to review the election of directors it became necessary to determine whether or not a certain declaration of dividends was lawful. The Delaware statute provides that dividends may be declared either "out of its [the corporation's] net assets in excess of its capital" or "in case there shall be no such excess, out of its net profits for the fiscal year then current and/or preceding fiscal year." It was admitted that there had been no profits during the current or preceding fiscal year, and it was found that in calculating the surplus no allowance had been made …
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Michigan Law Review
To demonstrate the endurance of the cars which it was selling, a promoter induced defendant sales company to furnish a car to be driven for 100 consecutive hours without stopping, by a driver handcuffed to the steering wheel. The promoter hired the driver, instructing him to seek shelter (permitting the motor to continue running) should it start to rain, to protect the advertisements on the car. After driving for 20 hours, it commenced to rain and the driver found refuge in an open barn by the side of the road. After the rain had subsided, finding himself unable to get …
Unfair Competition - Forgery Of Rare Stamps
Unfair Competition - Forgery Of Rare Stamps
Michigan Law Review
The defendant took stamps from a common, imperforate issue and perforated them to resemble exactly a perforate issue which because of its rarity had become very valuable, These were circulated among unscrupulous dealers who passed them off on the public as the genuine rare stamps at a much lower price than the genuine. This caused the value of the genuine stamps to fall and honest dealers to lose trade, The defendant did not try to deceive the dealers; he merely pointed the way for the deception of the public. The American Philatelic Society, an organization of some four thousand stamp …
Waters And Watercourses - Diversion - Prescriptive Rights Of Servient Riparian Owner
Waters And Watercourses - Diversion - Prescriptive Rights Of Servient Riparian Owner
Michigan Law Review
When new waters, formed by seepage and waste from an upper irrigation ditch, began to flow as a stream, they were intercepted by a canal of the defendant irrigation company. At the point of interception a needle gate and spillway were constructed. This gate was kept closed, however, and the waters were diverted along the canal for more than the prescriptive period. The plaintiff sought an injunction restraining the defendant from opening the gate, allowing the intercepted waters to pass through into the plaintiff's drainage district. The theories of the plaintiff were: (a) the defendant's irrigation canal had become the …
Bills And Notes - Bills Of Exchange - Assignment
Bills And Notes - Bills Of Exchange - Assignment
Michigan Law Review
Under an agreement with the intervener that the intervener would "finance" his purchases of stock, the defendant shipped stock to the garnishee, drawing on the garnishee in advance for the purchase price, the intervener being named as payee. With knowledge of the drawing of the draft, the garnishee received and sold the stock, but was thereafter served with summons in this garnishment suit before acceptance or payment of the bill. Held, that the intervener is entitled as equitable assignee to the amount of the draft as against the plaintiff. Baird v. Simonstad, (Minn. 1934) 258 N. W. 570.
Trusts - Constructive Trusts - Breach Of Fiduciary Relation Between Husband And Wife With Respect To Oral Agreement Concerning Land
Michigan Law Review
In her last illness, Mrs. Jackson desired to transfer realty to her married daughter, plaintiff herein. To prevent creditors of the daughter's husband from reaching the property, Mrs. Jackson conveyed the land to her husband, Mr. Jackson, with the parol understanding that "he would see that Cora got it." Jackson failed to transfer the land and upon his death it passed under an ante-nuptial settlement to defendant, his second wife. In an action to recover the land, the court stated that defendant was in the position of a bona fide purchaser for value, and held that the statute of frauds …
Estoppel And Statutes Of Limitation, John P. Dawson
Estoppel And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Among all the spheres of its activity estoppel probably performs no more useful service than in the alleviation of hardship caused by statutes of limitation. Here as in other places the elements of estoppel and its relations to more basic legal concepts are exceedingly hard to define. At some points its effects on limitation acts could be described in terms of express contract; at other points it merges into "fraud"; in general it provides the medium for official expressions of disapproval where civil litigation exceeds the permissible limits of private warfare.
Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court
Michigan Law Review
The defendants, an independent union, and members thereof, were cited for contempt before a court of common pleas for the violation of an in junction restraining them from interfering with the operation of the plaintiff's mines. The alleged contumacious acts took place some ten miles from the court house and consisted of gathering about automobiles containing employees of the plaintiff company, throwing stones at them, breaking windows of the cars, and injuring some of the occupants. The contempt proceedings arose on petition of the company and were before the same judge who granted the injunction. The defendants claimed that under …
Corporations -Accountability Of Majority Shareholders For Secret Profits
Corporations -Accountability Of Majority Shareholders For Secret Profits
Michigan Law Review
A corporation wished to obtain a lease owned by B corporation. Unable to purchase the lease, A corporation contracted with C and D, holders of a majority of the stock of B corporation, and officers and directors therein, whereby C and D were to exchange their stock in B corporation for an equivalent of $15.95 a share. C and D further agreed to recommend to the minority an offer of an equivalent of $14.12 a share. On the recommendation of C and D, but without knowledge that they were receiving less for their stock, the other shareholders accepted …
Bankruptcy- Preferred Stockholders As Creditors For Accrued Dividends Under Section 77b Of The Bankruptcy Act
Michigan Law Review
Preferred stockholders were "beguiled" into purchasing their stock, and paid, as part of the subscription price, for accrued dividends at the rate of 6 per cent per annum from June 1, 1933, to the date of their respective subscriptions, upon the "virtual promise of refund" on December 1, 1933, the next dividend date. No dividend was declared or paid. Such stockholders seek to file a petition for the reorganization of the corporation under Section 77B of the Bankruptcy Act as "creditors" within the meaning of the word as employed in that section. Held, they are "creditors" within the meaning …
The Unicameral Legislature In Nebraska, Lester B. Orfield
The Unicameral Legislature In Nebraska, Lester B. Orfield
Michigan Law Review
It is perhaps not exaggerating to say that no more far-reaching innovation in state government has been adopted in recent years than Nebraska's unicameral legislature. It is an axiom of political science - somewhat modified, to be sure, by the growth of administrative tribunals - that there are three branches of government: legislative, executive and judicial. Nebraska has drastically changed the first of these three by adopting a single-house legislature. This question whether the legislature shall consist of one or two houses has become the chief problem of legislative structure during recent years. The model state constitution drafted by the …
Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper
Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper
Michigan Law Review
The problem of securing effective governmental regulation of economic interests that overlap state boundary lines, while at the same time curbing the growth of a centralized bureaucracy and preventing the disintegration of local government, becomes daily more disturbing. For this reason the passage of the Motor Carrier Act in the closing days of the 74th Congress and its approval by the President on August 9, 1935, was an event of singular importance for students of American governmental administration. Important as the legislation is in its substantive aspects, it is equally noteworthy because of its administrative provisions. The striking feature of …
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Michigan Law Review
The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …
Executive Proclamations And Orders-Federal Register, Everett S. Brown
Executive Proclamations And Orders-Federal Register, Everett S. Brown
Michigan Law Review
On July 26, 1935, President Roosevelt signed H. R. 6323, "to provide for the custody of Federal proclamations, orders, regulations, notices, and other documents, and for the prompt and uniform printing and distribution thereof." To date, there has been no government serial publication containing all of the Executive orders signed by the President. The need for such a publication had been frequently pointed out, but to no avail. Legal complication resulting from the rapidly rising flood of executive and administrative orders issued to carry into effect the President's New Deal program led to the framing of H. R. 6323. The …
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Michigan Law Review
Defendants as duly authorized municipal officers issued a building permit to the plaintiff. After plaintiff had acted in reliance thereon defendants for reasons of self-interest and political expediency revoked the permit. Held, defendants as quasi-judicial officers while acting within their jurisdiction are not liable personally in tort for damages resulting from a discretionary act notwithstanding their conduct may have been malicious or corrupt. Wasserman v. City of Kenosha, (Wis. 1935) 258 N. W. 857.
Practice And Procedure - Reservation Of Decision On Motion For Directed Verdict As Means Of Avoiding Unnecessary New Trials
Michigan Law Review
What may be done to remedy the situation if a jury brings in a verdict in favor of a party against whom a verdict should have been directed? This question becomes pertinent in view of the fact that judges, while hard pressed by counsel in the heat of trial, frequently wrongfully deny a motion for directed verdict and submit the case to the jury. One obvious remedy is the granting of a new trial by the trial judge, or by an appellate court after reversal. But this practice has proved eminently unsatisfactory, for it submits the aggrieved party to the …
Public Utilities -- Rate-Base -- Late Supreme Court Decisions
Public Utilities -- Rate-Base -- Late Supreme Court Decisions
Michigan Law Review
In fixing the rate-base of a telephone company, the Maryland Public Service Commission translated the agreed 1923 rate-base (with all subsequent additions to plant) to 1933 price levels by means of a composite price index which included both general all-commodity indices, and indices particularly adapted to the telephone business. Held, that an order enjoining enforcement of the rates will be affirmed. West v. Chesapeake & Potomac Telephone Co., (U.S. 1935) 55 S. Ct. 894.
Banks And Banking - Application Of Bank Collection Code To National Banks
Banks And Banking - Application Of Bank Collection Code To National Banks
Michigan Law Review
Defendant national bank received from an out-of-town correspondent bank for collection a check drawn on another local bank. Through the local clearing house this check was presented and paid, whereupon defendant bank sent to its correspondent its draft in payment. Before presentment of the draft, however, defendant bank failed and the draft was dishonored. In an action by the payee of the check, from whom the correspondent bank had taken it, to impress a trust on the assets of defendant bank, it was held, reversing the lower courts, that the state statute (the Bank Collection Code) which was applied …