Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Michigan Law Review
The decadence of equity during the nineteenth century has long been an accepted phenomenon. The attempt to make law coincide with morals in the seventeenth and eighteenth centuries was followed in the nineteenth century by the gradual fixing of rules and a consequent stiffening of the legal systems, in which moral principles became lost in a mass of rules derived from such principles. What were once equitable doctrines tended to become mechanical rules. The former strength of equity has been weakened in the various jurisdictions, due in a large measure to the administration of law and equity by the same …
Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan
Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan
Michigan Law Review
In an action upon an automobile liability insurance policy, defendant sought to avoid liability by proof of voluntary payments made to the insured by the plaintiff subsequent to the beginning of the trip. It was held that since no agreement for payment was made prior to the trip the insured was not then carrying "passengers for consideration" within the meaning of the clause contained in the policy for the purpose of protecting the insurer against such use of the vehicle. Reed v. Bloom, (D. C. Okla. 1936) 15 F. Supp. 600.
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Michigan Law Review
The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …
Corporations - Power Of Attorney To Transfer Stock On The Books Of The Corporation, Royal E. Thompson
Corporations - Power Of Attorney To Transfer Stock On The Books Of The Corporation, Royal E. Thompson
Michigan Law Review
Although a power of attorney to transfer stock on the books of the corporation is found almost as a matter of course on the reverse side of stock certificates, along with a form for assignment of the certificate, there is surprisingly little to be found in the authorities, as to why it is there. An inquiry into the reasons, if any, for such a provision is the purpose of this discussion. A decision of last summer, by the New York Supreme Court, New York County, lends present emphasis to the query. Three certificates of stock which had been indorsed in …
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Michigan Law Review
As a direct result of the defendant's negligence, "plaintiff fell and sustained injuries including a fracture of the pubic bone. Ten months later, knowing that she could not walk unassisted because the bone had not knit, plaintiff attempted to do so, fell and refractured the bone. Held, that plaintiff's negligence, found as a matter of law, was an "efficient intervening cause" making the defendant's negligence remote as to the aggravation of the injury. S.S. Kresge Co. v. Kenney, (App. D. C. 1936) 86 F. (2d) 651.
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Michigan Law Review
In the recent case of The State of Maryland, the United States Circuit Court of Appeals of the Fourth Circuit held that a seaman could recover indemnity against a vessel in an in rem proceeding in admiralty, for burns received when oil-burning equipment of the vessel exploded. The explosion occurred while the libellant was attempting to light the oil burner in the pit furnace beneath the boilers without having first opened the lower draft. It was a part of the libellant's duties to light the oil burner. He was inexperienced, and no one had instructed him as to the …
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Michigan Law Review
In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Michigan Law Review
Two recent cases present the problem of the power of the trustee to represent the beneficiary in proceedings involving the trust estate. In Hood v. Cannon, arising in South Carolina, the trustee of an estate, upon merger of A bank into B bank, had applied to the probate court for permission to exchange A bank stock, held by the estate, for B bank stock. The court authorized the exchange in an ex parte proceeding to which the beneficiaries were not parties. B bank later failed, and the commissioner of banks brought suit against the defendant, the successor trustee, to …
Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review
Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review
Michigan Law Review
Plaintiff was injured, when an automobile in which she was a passenger, was driven into a freight train standing across a highway on a misty night. This train had been obstructing the crossing for more than five minutes, in violation of a state statute. Plaintiff sued the railroad, alleging negligence in violating the statute. On appeal from a judgment for the plaintiff, held that plaintiff had made no case, and that the judgment should be reversed without a new trial, and with costs to the defendant. Simpson v. Pere Marquette Ry., 276 Mich. 653, 268 N. W. 769 (1936).