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Articles 31 - 60 of 177
Full-Text Articles in Law
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Michigan Law Review
Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …
Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph
Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph
Michigan Law Review
In July the union of which plaintiffs were members and the defendant railroad company entered a collective bargaining agreement fixing seniority rights. In September representatives of the union and the railroad adopted a seniority roster purporting to be in accordance with the terms of the July agreement. Plaintiffs, contending that the roster violated their rights under the July agreement, sought an injunction to compel revision of the roster or to prevent it from going into effect. Held, injunction denied. The union has the power to modify the rights of the individuals under the collective bargaining agreement if it does …
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Michigan Law Review
Plaintiff's intestate, a resident of Georgia, owned items of jewelry which were located in Germany and which were subject to a death tax there, intestate having died in Germany. An appraisal was made by a German court commissioner in assessing the tax and a copy of the appraisal was forwarded to plaintiff executor, who, relying thereon, effected a policy of insurance with the defendant covering all the goods, the principal item being a pearl necklace appraised at $60,000. It was discovered on the safe arrival of the jewelry that the pearl necklace was worth but $60.00, being composed of cultured …
Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie
Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie
Michigan Law Review
Section 10(c) has been invoked many times since 1935, and the developments under this section have foreshadowed the progress of integration under 11(b) (1). It is the purpose of this article to examine the nature of the requirements of section 10(c), and to indicate the extent of their effectiveness in accomplishing the integrational objectives of the act.
Corporate Proxies, Leonard H. Axe
Corporate Proxies, Leonard H. Axe
Michigan Law Review
The earlier forms of corporations in England seem to have been political units and the normal mode of conferring corporate rights was by an issue of a charter from the crown, whereby a body of individuals was designated a corporation with the sovereign power to exercise appropriate privileges. Since the charter was issued by the crown, the corporation was considered a part of the government and each member of the corporation was entitled to one vote if given by him in person. As one writer has so well stated, this "was the result of a political philosophy which assumed that …
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Michigan Law Review
For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Law Review
To the knowledge of this reviewer, the relation between printers' wages and the development of the law has not yet been investigated. This problem is by no means so absurd as it may sound. The very principle of stare decisis presupposes the existence of the printing press, a high development of the art of indexing, a well-organized book trade and a price level under which reports and search books are accessible to the members of the legal profession. Treatises and other learned discussions cannot influence legal developments where printing costs are prohibitive. Yet, the extent to which a legal system …
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Michigan Law Review
The question whether or not a pauper or his estate assumes an obligation to reimburse the donor of charitable relief has been subject to many varied and inconsistent answers. Most of the cases in this field are not distinguishable on their facts, and hence the inability to reconcile them must be laid to the differences in the reasoning of the courts in their attempts to handle these cases more from a sociological approach than from a legal point of view. In discussing this problem it is desirable to place these cases in three principal classes: (1) where relief is given …
Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr.
Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr.
Michigan Law Review
Plaintiff, a farmer, filed his original petition May 3, 1934, under section 74 of the Bankruptcy Act. Eleven months later he amended his petition, seeking relief under section 75 (a)-(r). Until March 2, 1940, no progress was made, and at that time the plaintiff sought adjudication under subsection (s). The district court entered an order that the petition be denied and the mortgagee's title recognized. The circuit court of appeals affirmed, stating that the petitioner had an affirmative duty to proceed diligently in obtaining a composition and extension agreement under subsections (a)-( r). Held, reversed. The benefits of section …
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Michigan Law Review
The Rosenblum Truck Lines and Manhattan Truck Lines applied to the Interstate Commerce Commission for contract carrier permits under the so-called "grandfather clause" of the Motor Carrier Act of 1935. Prior to July 1, 1935, the applicants hauled only for common carriers by motor vehicle and, in each case, principally for a single common carrier. The freight so handled was always solicited by a common carrier and accumulated at its terminal. The applicants carried only the overflow freight, employing their own insurance and paying their own operating and maintenance costs. The Interstate Commerce Commission's finding that the applicants' equipment was …
Corporations - Voting Trusts - Power Of Voting Trustee To Elect Directors And Officers For Period Extending Beyond Termination Of Trust, Andrew J. Sawyer, Jr.
Corporations - Voting Trusts - Power Of Voting Trustee To Elect Directors And Officers For Period Extending Beyond Termination Of Trust, Andrew J. Sawyer, Jr.
Michigan Law Review
Defendants held all the stock of a corporation as voting trustees under a voting trust which provided that it should terminate November 18, 1941, and that the trustees should deliver the stock to the holders of the participation certificates within thirty days thereafter. The agreement further provided that the trustees might elect themselves directors and officers of the corporation. At the time of the execution of the agreement, the by-laws of the corporation provided for annual shareholders' meetings in March. In 1939, defendant trustees, who had elected themselves directors and officers of the corporation, amended the by-laws to require the …
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Michigan Law Review
Plaintiff was appointed executor by a Georgia court which found that decedent had been domiciled in Georgia. Defendant was appointed administrator by a New York court which found that decedent was domiciled in New York. Plaintiff and defendant were interpleaded in the Delaware court by a Delaware corporation to determine who was entitled to shares of stock owned by decedent in the Delaware corporation. Plaintiff claimed that the Delaware court was required to give full faith and credit to the Georgia finding that decedent was domiciled in Georgia. The Supreme Court of Delaware found that decedent was domiciled in New …
Insurance - Insurable Interest - Tenant At Will, Robert D. Ulrich
Insurance - Insurable Interest - Tenant At Will, Robert D. Ulrich
Michigan Law Review
Plaintiff, an unincorporated religious association, brought this action to recover on a fire insurance policy. Evidence was introduced from which the jury could find that the plaintiff had occupied and used the premises as a church for sixteen years before the policy was issued, but during this period title stood in the name of an incorporated church society. After the date of the policy, but prior to the loss, title was conveyed to the plaintiff. Defendant insurer appeals from judgment for the plaintiff on the ground that plaintiff had no insurable interest on the date of the policy. Held, …
Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff
Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff
Michigan Law Review
The National Labor Relations Board brought contempt proceedings against the defendant company for its refusal to comply with a consent decree ordering the defendant to bargain with the union selected as the sole representative of its employees. Negotiations between the defendant and the union were carried on, but no written agreement was reached, and it was charged that the defendant company acted in bad faith in its failure to agree to certain provisions of the proposed contract. Held, that the defendant's refusal to enter into a written contract respecting working conditions already existing was bad faith and amounted to …
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Michigan Law Review
A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …
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 …
Trusts - Accumulation Of Income, James L. Mccrystal
Trusts - Accumulation Of Income, James L. Mccrystal
Michigan Law Review
Testator left his estate in trust until twenty-one years after the death of two nieces, the trust income to be used first to pay several annuities and the remainder "to be re-invested by the trustee for the increase and benefit of this trust fund." At the expiration of twenty-one years after the death of both nieces the trust was to terminate and the estate to be distributed. The lower court held that, while the trust did not violate the rule against perpetuities nor the District of Columbia statute as to the suspension of the power of alienation, the trust income …
Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.
Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.
Michigan Law Review
Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of …
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Michigan Law Review
The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …
Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal
Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal
Michigan Law Review
Three months after the passage of the Emergency Price Control Act a partial and selective approach to the problem of price control has been abandoned and a comprehensive over-all ceiling has been put into effect. The economic forces generated by total war have quickly proved too powerful for the limited controls originally planned. As a result, a sweeping program of governmental control over the economic life of the nation has been instituted, with consequences too complex and far-reaching to be foreseen in any detail.
Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff
Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff
Michigan Law Review
The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section …
Constitutional Law - Involuntary Servitude, John W. Potter
Constitutional Law - Involuntary Servitude, John W. Potter
Michigan Law Review
Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Michigan Law Review
In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Michigan Law Review
Defendant was indicted for attempting to evade the federal tax on the income of a certain corporation for the years 1933 to 1936. In providing for deductions from gross income, the statute permits a reasonable allowance for salaries or other compensation for personal services. The government charged that the defendant was a party to a fraudulent scheme whereby, under the guise of paying commissions for services, which commissions were · deducted from gross income, the corporation distributed profits to its stockholders. The trial court submitted to the jury the issue whether the deduction represented a reasonable allowance for the services …
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Michigan Law Review
A executed an instrument without the formalities of a will, transferring securities to B. It was provided therein that B should hold, manage, sell, and invest according to A's written directions, and should retransfer to A if A so directed. A further reserved the right to alter the "ultimate beneficiary" and also to terminate the trust on notice to B, in which event B should retransfer to him securities and investments as well as net income otherwise payable to A at fixed intervals during A's life. On A's death, the trust was to become absolute …
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 …
Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge
Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge
Michigan Law Review
During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …