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Full-Text Articles in Law

National Legislation Of The Depression, Wesley A. Sturges Oct 1933

National Legislation Of The Depression, Wesley A. Sturges

Washington Law Review

I shall undertake to review something of the background,—somethng of the idealism, conceptions, and compromises—of some of the national legislation of the depression. I shall examine this background prinarily for its significance as a possible aid m judging the social, economic and legal validity of the more important of these legislative measures. For the most part, I shall have in view the so-called Inflation Bill, the National Industrial Recovery Act, and the Agricultural Adjustment Act. I hope that my remarks shall not sound as of the utterances of political campaign speeches. I shall, therefore, do little more than raise questions …


The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute Oct 1933

The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute

Washington Law Review

Covers from Chapter 4, Formation of Formal Contracts, Section 95, Requirements for Sealed Contract to Chapter 5, Duties and Rights Where More Persons Than One Are Promisos or Promisees of the Same Performance, Section 116, Joint Indorsers.


Assumption Of Liability By Implication, Leo D. Bloch Oct 1933

Assumption Of Liability By Implication, Leo D. Bloch

Washington Law Review

In the case of the National Credit Company v. Casco Company, the plaintiff's assignor sold to the Avalon Theatre Company, defendant's lessee, a neon electric sign under a conditional sales contract. To secure rental payments, defendant secured from the Theatre Company, its lessee, a chattel mortgage on all the furniture and fixtures owned by the lessee located upon the premises. Upon default in payment, defendant foreclosed the mortgage and purchased at the foreclosure sale, defendant receiving from the sheriff a bill of sale of all the property covered by the chattel mortgage, including the neon sign. Subsequently, defendant leased the …


Constitutionality Of State Income Taxes, Harold Hestnes Oct 1933

Constitutionality Of State Income Taxes, Harold Hestnes

Washington Law Review

The constitutionality of state income taxation has been considered by several courts with the result that some have held state income tax laws constitutional and some have held them unconstitutional. The courts which have passed upon the question have been confined to a consideration of the provisions of the constitution of the particular state and have held that such a tax is in conflict with the constitutional limitations or that such a tax is permissible as not being prohibited by the constitution. The decision in each instance in which the income tax was held unconstitutional has been based upon the …


Assignments—Future Wages—Under Contract, Employment Or Possible Contract Or Employment; Banks—Right Of State Banks To Procure Deposit Insurance; Constitutional Law—Taxation—Corporate Franchises; Contracts—Third Party Beneficiaries—Sureties On Building Contracts; Corporations—Remedies Of Receiver In Collection Of Unpaid Stock Subscriptions; Estoppel—Appointment Of Receiver; Resulting Trusts—Presumptions—Payment Of The Purchase Price—Effect Of Relationship; School Districts—Liability For Negligence;, C. P. Z. Oct 1933

Assignments—Future Wages—Under Contract, Employment Or Possible Contract Or Employment; Banks—Right Of State Banks To Procure Deposit Insurance; Constitutional Law—Taxation—Corporate Franchises; Contracts—Third Party Beneficiaries—Sureties On Building Contracts; Corporations—Remedies Of Receiver In Collection Of Unpaid Stock Subscriptions; Estoppel—Appointment Of Receiver; Resulting Trusts—Presumptions—Payment Of The Purchase Price—Effect Of Relationship; School Districts—Liability For Negligence;, C. P. Z.

Washington Law Review

No abstract provided.


A Review Of The Securities Act Of 1933, Charles T. Donworth Oct 1933

A Review Of The Securities Act Of 1933, Charles T. Donworth

Washington Law Review

Except in the case of securities exempt from the provisions of the Act (which will be discussed later), the Act (Section 5) makes it unlawful to use the instrumentalities of interstate commerce or of the mails to sell or offer to buy a security or to transport a security for the purpose of sale or delivery after sale unless a registration statment is in effect. It is also made unlawful to use such instrumentalities to transmit a prospectus relating to any registered security unless the prospectus meets the requirements of Section 10, or to transport a security for the purpose …


The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute May 1933

The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute

Washington Law Review

Covers Chapter 3, Formation of Informal Contracts from Section 84, Application of Rules to a Number of Special Cases to Section 94, Stipulations.


Injunctive Relief Against The Unlicensed Practice Of Law As Represented By Drafting Of Legal Instruments, Warren L. Shattuck May 1933

Injunctive Relief Against The Unlicensed Practice Of Law As Represented By Drafting Of Legal Instruments, Warren L. Shattuck

Washington Law Review

During the past several years, encroachments by notaries public, realtors, trust and title companies, and banks and others into fields of activity which the legal profession consider to be practice of law, and from which the Bar feel protection of the public requires exclusion of laymen, have reached such proportions as to create a problem calling for careful consideration by the American Bar Association and the various state and local bar associations. The field into which these encroachments have been most general is that of preparing legal instruments, particularly wills, trust agreements, deeds, mortgages, and contracts. To curb such activity, …


Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem May 1933

Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem

Washington Law Review

No abstract provided.


Power Of A Statutory Receiver To Borrrow Money From The Reconstruction Finance Corporation And To Pledge Assets In His Possession, Byron E. Congdon May 1933

Power Of A Statutory Receiver To Borrrow Money From The Reconstruction Finance Corporation And To Pledge Assets In His Possession, Byron E. Congdon

Washington Law Review

Has a statutory receiver of a state bank the power, upon receving the sanction of the court, to borrow money from and pledge assets in his possession to the Reconstruction Finance Corporation, and to use the money borrowed to pay preferred creditors and a dividend to depositors?


Injunction—Removal Of Encroachments By An Adjoining Owner; Injunction—Successive Appeals As Nuisance; Landlord And Tenant—Action For Failure To Deliver Premises; Landlord And Tenant—Forfeiture Clause In Lease; Shipping—Limitation Of Liability Of Shipowners; Vendor And Purchasee—Misrepresentations By The Vendor Or His Agent; Workmen's Compensation Act—Who Is Employer, H. H. May 1933

Injunction—Removal Of Encroachments By An Adjoining Owner; Injunction—Successive Appeals As Nuisance; Landlord And Tenant—Action For Failure To Deliver Premises; Landlord And Tenant—Forfeiture Clause In Lease; Shipping—Limitation Of Liability Of Shipowners; Vendor And Purchasee—Misrepresentations By The Vendor Or His Agent; Workmen's Compensation Act—Who Is Employer, H. H.

Washington Law Review

No abstract provided.


Progress Of The Law In Washington Community Property, Frederick G. Hamley Feb 1933

Progress Of The Law In Washington Community Property, Frederick G. Hamley

Washington Law Review

the ten year period of 1922-32 over one hundred cases involving the law of community property were decided by the Supreme Court of Washington. Many of the cases merely reaffirm well established principles of the law and constructions of the statutes, and the importance of these cases is largely negative. Other cases in which established principles are either extended in application, modified, or rejected, are of positive significance as landmarks in the development and growth of the law It is the purpose of this article (1) to picture that development, and (2) to append to the decisions such comment as …


The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute Feb 1933

The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute

Washington Law Review

Covers Chapter 3, Formation of Informal Contracts from Section 75, Definition of Consideration to Section 83, One Consideration May Support a Number of Promises.


Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl Feb 1933

Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl

Washington Law Review

The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."


Provability Of Claims For Future Rent Or Damages Against The Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships., Norman M. Littell Feb 1933

Provability Of Claims For Future Rent Or Damages Against The Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships., Norman M. Littell

Washington Law Review

After publication of the article' appearing under the above title in the November issue of the Law Review, a decision was handed down by the United States District Court for the Western District of Washington, Northern Division, which justifies this supplemental note written at the request of the Law Review.


Recent Cases, W. L. S. Feb 1933

Recent Cases, W. L. S.

Washington Law Review

Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of Statutory Power; New Trial—Newly Discovered Evidence—Personal Injuries; Banks and Banking—Taking Other Than Money in Payment; Malicious Prosectution—Want of Probable Cause