Law Commons^™

The Tort Liability Of Users Of Abandoned Property, James W. Johnston

Washington Law Review

A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …

Preference In Bank Deposits, Frank T. Rosenquist

Washington Law Review

While it is possible to expressly create a general, a special, or a specific bank deposit, the determination of the type established usually is a matter of construing the intention of the parties from the facts and circumstances surrounding the transaction. No set form is necessary for their validity Like any other contract, the relationship established arises out of the mutual understanding of those creating it. The Restatement of the Law of Trusts has taken the view that the relationship depends upon the manifest intention of the parties, and that if the money is to be kept or used for …

Attachment—Failure Properly To Index Writ As Affecting Constructive Notice; Criminal Law—Indictment And Information—Motion To Set Aside Judgment After Conviction Pleading Statute Of Limitations; Damages—Breach Of Agency—Burden Of Proof; Executors And Administrators—Right To Appoinment—Testamentary Selection—Effect; Mechanics' Liens—Statute Of Limitations On Filing Of Liens—Completion And Abandonment; Taxation—Exemption Of Property Of Municipal Corporations—Power To Tax; Workman's Compensation—Status Of Widow Who Married Injured Workman Subsequent To Time Of Injury, J. J. L.

Washington Law Review

No abstract provided.

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

The Washington Public Utility Legislation Of 1933: Budget Orders As Res Judicata, John B. Sholley

Washington Law Review

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive …

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …

The Washington Public Utility Legislation Of 1933: Budget Orders As Res Judicata, John B. Sholley

Washington Law Review

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive …

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

Law Books And Law Publishers, Arthur S. Beardsley

Articles

There are indications that the depression, which has burdened us for the past five years, is slowly receding. In its wake will doubtless follow renewed prosperity with all the blessings of peace and contentment. A freedom from financial worry will replace the present fear, and money will be more plentifully earned and freely expended.

It remains to be seen, however, whether the problems encountered during this economic cycle will be soon forgotten. Will the members of the legal profession and the law libraries return to their former policies of, what has appeared to be, uncontrolled and ill-advised purchasing of the …

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

Washington Law Review

No abstract provided.

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 …

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.

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 …

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

Washington Law Review

No abstract provided.

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

Washington Law Review

No abstract provided.

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.

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 …

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.

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 …

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

Washington Law Review

No abstract provided.

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

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.

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.

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 New Washington Business Corporation Act [Part 2], 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

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.

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.