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Full-Text Articles in Law

Improper Service Of Notice On Minor Heirs In Administration Sale—Effect On Validity Of Sale—Notice Jurisdictional; Inheritance Tax—Applicability Of Equitable Conversion; Mortgages—Refusal Of Confirmation—Inadequacy Of Price Bid—Effect Of Financial Depression; New Trial—Impeachment Of Verdict By Affidavit Of Juror—Compromise Verdict; Usury—Intent Necessary To Make Sale On Credit Usurious, R. T. Y. Dec 1934

Improper Service Of Notice On Minor Heirs In Administration Sale—Effect On Validity Of Sale—Notice Jurisdictional; Inheritance Tax—Applicability Of Equitable Conversion; Mortgages—Refusal Of Confirmation—Inadequacy Of Price Bid—Effect Of Financial Depression; New Trial—Impeachment Of Verdict By Affidavit Of Juror—Compromise Verdict; Usury—Intent Necessary To Make Sale On Credit Usurious, R. T. Y.

Washington Law Review

No abstract provided.


The Status Of Mining Locations In Washington, Edward F. Medley Dec 1934

The Status Of Mining Locations In Washington, Edward F. Medley

Washington Law Review

The growing importance of the mining industry in the State of Washington calls for a consideration of the decisions of the Supreme Court of the State as to the status of mining locations in the State. Are mining locations on unpatented land, the fee of which remains in the Federal government, real or personal property? The questions involved in considering the problem are many and various. Would property descend as real estate or be distributed as personal property in the case of the death of the owner ? Does our statute requiring brokers' agreements for the sale of real estate …


Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer Dec 1934

Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer

Washington Law Review

The recent case of Munger v. Unon Savings & Loan Assn., presents a phase of the rather interesting question, under what factual circumstances will the courts find that the landlord after having leased his premises will continue to be held responsible for the general duties of an occupant in relation to third persons who are injured outside the premises, at a place where such persons have a right to be, by a defective condition or nuisance existing on the premises demised. In tbis case D, occupying a four-story building adjoining a public street, rented the third and fourth floors of …


Conditional Sales And Chattel Mortgages: Notice, Filing And Recordation, William F. Starr Dec 1934

Conditional Sales And Chattel Mortgages: Notice, Filing And Recordation, William F. Starr

Washington Law Review

No abstract provided.


Liability Of Banks Issuing Letter Of Credit When Good Fail To Comply With Documentary Description, Muriel A. Mawer Oct 1934

Liability Of Banks Issuing Letter Of Credit When Good Fail To Comply With Documentary Description, Muriel A. Mawer

Washington Law Review

The decision of the United States Circuit Court of Appeals (Ninth Circuit) in the case of Contmnental Natwnal Bank v. National City Bank has reopened the question which received much attention in the legal and commercial periodicals following the writing of the opinions in O'Meara v. National Park Bank and Laudisi v. American Exchange Bank as to the liability of the issuing bank when the goods do not measure up to the description contained in the documents accompanying the draft drawn under the letter of credit. It seems that the problem can be best understood by examining the various situations …


Proceedings Of The 46th Annual Convention Of The Washington State Bar Association Held At Tacoma, Washington, On August 3rd And 4th, 1934, Anon Oct 1934

Proceedings Of The 46th Annual Convention Of The Washington State Bar Association Held At Tacoma, Washington, On August 3rd And 4th, 1934, Anon

Washington Law Review

No abstract provided.


Funds Available For Corporate Dividends In Washington [Part 2], Joseph Warren Greenough, Leslie J. Ayer Oct 1934

Funds Available For Corporate Dividends In Washington [Part 2], Joseph Warren Greenough, Leslie J. Ayer

Washington Law Review

No abstract provided.


Conditional Sales And Chattel Mortgages, William F. Starr Oct 1934

Conditional Sales And Chattel Mortgages, William F. Starr

Washington Law Review

The contract of conditional sale and the chattel mortgage perform a similar economic function. They are the principal devices by which the obligor may enjoy the use and possession of a chattel in winch a security interest is held by another. Either may serve to secure the payment to the vendor of the purchase money, while m Washington the chattel mortgage only may be employed to secure the repayment of a loan or the performance of other obligations. They arose out of different legal concepts, developed along different lines, gave rise to different rights and remedies, but in the form …


First Meetings Of The Pacific Coast Institute Of Law And Administration Of Justice, Anon Oct 1934

First Meetings Of The Pacific Coast Institute Of Law And Administration Of Justice, Anon

Washington Law Review

No abstract provided.


Administrative Officer—Reliance Upon Construction Of Statute By; Insurance—False Statement In Application—Intent To Deceive—Evidence; Landlord And Tenant—Duty Of Landlord To Furnish Heat, Water, Elevator Service, Etc.; Real Estate Agents—Necessity For Authorization In Writing; Real Property—Recording Act—Priorities—Recent Statutory Change; Specific Performance—Community Property; Taxation—Inheritance Taxes—Exemptions—Proceeds Of Life Insurance Policies; Water And Watercourses—Irrigation Districts—Nature And Status As Municipal Corporations—Special Legislation, C. P. Z. Oct 1934

Administrative Officer—Reliance Upon Construction Of Statute By; Insurance—False Statement In Application—Intent To Deceive—Evidence; Landlord And Tenant—Duty Of Landlord To Furnish Heat, Water, Elevator Service, Etc.; Real Estate Agents—Necessity For Authorization In Writing; Real Property—Recording Act—Priorities—Recent Statutory Change; Specific Performance—Community Property; Taxation—Inheritance Taxes—Exemptions—Proceeds Of Life Insurance Policies; Water And Watercourses—Irrigation Districts—Nature And Status As Municipal Corporations—Special Legislation, C. P. Z.

Washington Law Review

No abstract provided.


The New Washington Business Corporation Act [Part 3], Leslie J. Ayer Jun 1934

The New Washington Business Corporation Act [Part 3], Leslie J. Ayer

Washington Law Review

No abstract provided.


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 Jun 1934

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 6, Contractual Rights of Persons Not Parties to the Contract, Section 136, Duties Created by a Promise to Discharge a Duty to Chapter 7, Assignment of Rights and Delegation of Duties or Conditions, Section 148, Limitations and Definitions Pecular to the Chapter.


Escheat In Washington, Carl P. Zapp Jun 1934

Escheat In Washington, Carl P. Zapp

Washington Law Review

Since the income of the state is dependent upon the income of the inhabitants, whatever diminishes their income also diminishes that of the state. Thus during times of depression when the people are unemployed and property becomes depreciated in value the income of the state, largely based upon taxation, becomes to that ,extent lessened. Therefore, when the taxes become insufficient, the tendency is to look to other sources of revenue which during prosperous times are often overlooked. One of these sources of revenue is escheat. There have been two recent decisions upon the subject in Washington. In the Allen case …


Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany Jun 1934

Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany

Washington Law Review

The interpretation of this statute by the Washington Supreme Court has not always been uniform or certain. In determining the priority of the respective claims of a mortgagee under a defective mortgage and of a creditor of the mortgagor, several questions may be raised which can not be answered with certainty as the law stands today.


Accord And Satisfaction In Washington [Part 2], Harold Shepherd, Warren Shattuck Apr 1934

Accord And Satisfaction In Washington [Part 2], Harold Shepherd, Warren Shattuck

Washington Law Review

In Plymouth, Rubber. Co. v. West Coast Rubber Co. the creditor was suing for an alleged balance due. The debtor's defense was based on his check, accepted and cashed by the creditor, for part of the account, plus tender of merchandise for the balance. The check was sent with a letter stating in effect that the debtor was unable to dispose of all the goods, purchase of which gave rise to the obligation in question, because the creditor had flooded the local market with inferior goods sold at a lesser price. "We are, therefore, compelled to return these Toesans for …


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 Apr 1934

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 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Peformance, Section 124, Effect on Obligee's Rights of a Contract Not to Sue a Co-Promisor to Chapter 6, Contractual Rights of Persons Not Parties to the Contract, Section 135, Duties Created by a Gift Promise.


Constitutional Law—Construction Of Constitutional Provisions; Constitutional Law—Due Process—Closing Hours Of Barber Shops; Criminal Law—Argument And Conduct Of Counsel—Death Sentence; Divorce—Power Of Court To Modify Decree As To Alimony; Insurance—Fidelity Bonds—Recovery For Defalcation; Lis Pendens—Affect On Holders Of Unrecorded Deeds Or Encumberances, L. B. D. Apr 1934

Constitutional Law—Construction Of Constitutional Provisions; Constitutional Law—Due Process—Closing Hours Of Barber Shops; Criminal Law—Argument And Conduct Of Counsel—Death Sentence; Divorce—Power Of Court To Modify Decree As To Alimony; Insurance—Fidelity Bonds—Recovery For Defalcation; Lis Pendens—Affect On Holders Of Unrecorded Deeds Or Encumberances, L. B. D.

Washington Law Review

No abstract provided.


Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer Apr 1934

Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer

Washington Law Review

In every serious financial period in the history of this country, there has been a legislative recognition of the imperative need for reliefs for the debtor class. Roughly, the relief afforded can be placed in four classifications.


The New Washington Business Corporation Act [Part 2], Leslie J. Ayer Apr 1934

The New Washington Business Corporation Act [Part 2], Leslie J. Ayer

Washington Law Review

No abstract provided.


Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell Apr 1934

Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell

Washington Law Review

This discussion will be confined to those jurisdictions adopting the lien theory of mortgages. Many of the questions involved are regulated wholly or partly by statute, so there will be no attempt to make a critical comparison of the rules in the various states. To determine what rule will be followed in any particular state, its statutes should be compared with those existing in the states in which decisions have been reported.


Duress—Busines Compulsion—Recovery Of Payments; Husband And Wife—Confidential Communications; Husband And Wife—Liability For Expenses Of Last Illness And Funeral; Statutes—Construction—Emergency Relief Legislation; Torts—Negligence—Last Clear Chance, G. V. P. Jan 1934

Duress—Busines Compulsion—Recovery Of Payments; Husband And Wife—Confidential Communications; Husband And Wife—Liability For Expenses Of Last Illness And Funeral; Statutes—Construction—Emergency Relief Legislation; Torts—Negligence—Last Clear Chance, G. V. P.

Washington Law Review

No abstract provided.


Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck Jan 1934

Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck

Washington Law Review

Although the terms accord and satsfactioon are generally used in the conjunctive, they constitute distinct stages in the process of discharging a cause of action. The accord, in its technical sense, is a bilateral contract by the terms of which a creditor having a cause of action against a debtor promises to accept and the debtor promises to give something other than was originally due in discharge of the claim. Performance of the accord and its acceptance by the creditor constitute satisfaction. Generally the cause of action is not discharged until satisfaction, although there may be cases where discharge is …


The New Washington Business Corporation Act—Reserved Power Of Legislature To Change, Leslie J. Ayer Jan 1934

The New Washington Business Corporation Act—Reserved Power Of Legislature To Change, Leslie J. Ayer

Washington Law Review

The new Washington Domestic and Foreign Corporation Act was enacted by the State of Washington at the session of its Legislature convened January 9, and adjourned March 9, 1933. The Act was approved by the Governor on March 21, 1933, and by an express provision therein became effective on and after January 1, 1934. The Act is patterned upon the Uniform Business Corporation Act and may be cited as such. The history of, and the consideration given to, the drafting of this Act is treated in a note introductory to the draft originally submitted to the Legislature, published in an …


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 Jan 1934

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 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Performance, from Section 117, Duty of a Joint Promisor, Joinder of Compromisors to Section 123, Discharge of a Joint and Several Promisor.


Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza Jan 1934

Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza

Washington Law Review

Legislation restricting the ownership of land by aliens in the State of Washington, has given rise to many interesting questions of law. The Supreme Court of the State, beginning with the Oregon Mortgage Co. v. Carstens case in 1896, and presently ending with the Ying v. Kay cases in 1933, has had manifold opportunities to answer a great portion of the perplexing problems that have arisen under the Alien Land laws. However, there remain many questions as yet undecided, and it is the purpose of this article to not only epitomize the conclusions already adjudicated, but also predict some probable …