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Articles 61 - 81 of 81
Full-Text Articles in Law
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Bills And Notes - Alteration -Additional Maker As A Material Alteration, John M. Ulman
Michigan Law Review
Defendant A made and delivered the note in question in 1921, payable in two years. In 1931 after the death of the payee, the note was duly assigned to plaintiff. When plaintiff received the note, the signature of defendant B appeared below that of A. The court found that B's signature had been added by someone unknown claiming a benefit under the note after delivery and for the purpose of giving a greater security to the note and that neither defendant authorized or had any knowledge of the addition of B's name. The plaintiff sued both defendants …
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Michigan Law Review
The administrator of a deceased infant brought an action under the Massachusetts death statute to recover for the death of the child. Death was caused by the negligence of defendant's servant, the father of the deceased. Defendant contended that plaintiff should not prevail because the father, as one of the next of kin sharing in the distribution of the money recovered, would thereby profit from his own wrong. Held, the Massachusetts death statute was penal in nature, and since there was at least one beneficiary whose fault did not contribute to the wrongful death, recovery could be had without …
Negligence - Liability For Emotional Disturbance, William K. Jackson
Negligence - Liability For Emotional Disturbance, William K. Jackson
Michigan Law Review
Defendant negligently sold unlabeled poisoned bran, thereby causing the death of or permanent injury to the buyer's cows, and the loss of his dairy business. As a result of this calamity, the buyer died from a decompensated heart caused by emotional distress and nervous shock. The buyer had commenced action for damages and it is continued here by his wife as administratrix of his estate. Held, recovery may be had for the buyer's death. Rasmussen v. Benson, (Neb. 1938) 280 N. W. 890.
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Michigan Law Review
Plaintiff, a corporation, advertised that any person who bought goods from certain selected stores would be entitled to receive coupons, and when his coupons amounted to a certain sum he would be entitled to certain death and security benefits up to specified amounts. Plaintiff brought suit against the Insurance Commissioner of Pennsylvania to enjoin him from interfering with the plaintiff's business. Held, that the plaintiff was carrying on an insurance business and was subject to supervision by the Insurance Commissioner. Hunt v. Public Mutual Benefit Foundation, (C. C. A. 3d, 1938) 94 F. (2d) 749, certiorari denied (U. …
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Michigan Law Review
It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …
Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson
Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson
Michigan Law Review
In 1923 decedent created an irrevocable trust, reserving to herself the income for life with remainders over. Upon decedent's death, it was held that the corpus of the trust was properly a part of decedent's gross estate for Federal Estate Tax purposes. Helvering v. Bullard, (U. S. 1938) 58 S. Ct. 565.
Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review
Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review
Michigan Law Review
Plaintiff's decedent was killed in a collision, between his car and defendant's train, which occurred at a crossing in a small town. Crossing signals were in operation, and deceased drove onto the track with his attention on a switching train at his right. A passenger train came along from his left at an excessive speed and without signalling. The engineer testified that, after he saw decedent, he could have stopped the train, or slowed down enough so that decedent could have crossed safely. Held, plaintiff entitled to recover. Missouri Pac. R. R. v. Huffman, (Ark. 1937) 108 S. …
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Michigan Law Review
Pending plaintiff's action for slander of title, defendant died. A statute provided that no action should abate by the death of either party thereto except actions for libel, slander, malicious prosecution, nuisance, or actions against a justice of the peace for misconduct in office. Held, the action abated, because, although slander of title was not expressly excepted from the operation of the statute, still the action of slander as specifically excepted by the statute embraces the action of slander of title. Billingsley v. Townsend, 132 Ohio St. 603, 9 N. E. (2d) 690 (1937).
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Michigan Law Review
The deceased was fatally injured while riding as a guest in defendant's truck. In the course of the action for damages brought by the administratrix, the court instructed that "if you find from a preponderance of the evidence that the driver of the truck was guilty of willful and wanton misconduct . . . and that as a consequence thereof the accident occurred, and further, that such conduct contributed to the death of plaintiff's intestate," then the jury should find for the plaintiff. Verdict was for the plaintiff and defendant appealed. Held, that the instruction was erroneous because it …
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Michigan Law Review
Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …
Municipal Corporations-Liability For Negligence In Maintenance Of Swimming Pools And Parks-Governmental And Proprietary Functions
Michigan Law Review
The plaintiff sued to recover damages for the death of his son by drowning, which he alleged was caused by the negligence of the defendant city in the maintenance of a public swimming pool. In upholding the overruling of the defendant's demurrer, the court held that on the authority of an earlier South Dakota case, the maintenance and operation of a public swimming pool or park is the exercise of a proprietary function of the municipality, and therefore, the city is liable for the negligence of its servants in maintaining and guarding the pool. Glirhas v. City of Sioux Falls …
Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy
Michigan Law Review
Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did …
Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases
Michigan Law Review
A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …
Insurance - Sunstroke As "Accidental Means"
Insurance - Sunstroke As "Accidental Means"
Michigan Law Review
Insured died as a result of sunstroke suffered while playing golf. Held, Justice Cardozo dissenting, that the beneficiary could not recover because sunstroke was not an "accidental means" within a policy insuring against "death from bodily injuries effected directly and independently of all other causes through external, violent, and accidental means." Landress v. Phoenix Mutual Life Ins. Co., 291 U. S. 491, 54 Sup. Ct. 461, 90 A. L. R. 1382 (1934).
Insurance - Application Of Dividends To The Purchase Of Extended Insurance
Insurance - Application Of Dividends To The Purchase Of Extended Insurance
Michigan Law Review
Plaintiff hospital claimed a lien upon the personal effects of a deceased patient left in their possession. An Iowa statute defines a hotel, for the purposes of its operator's lien, as including "inn, rooming house, and eating house, or any structure where rooms or board are furnished, whether to permanent or transient occupants." The term "guest" is defined to include "any legal occupant of any hotel as herein defined." Held, that "structure" as used in the statute refers to one used for the entertainment of ordinary individuals, as in the case of the structures enumerated; and that a hospital, …
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Michigan Law Review
The declaration alleged that plaintiff's intestate, a tenant of the defendant, sustained fatal injuries from a fall on the grounds of the apartment house, caused by defendant's negligence with respect to the care of the premises. The action was begun one day before the statute of limitations would have run. Defendant gave notice that under Court Rule 41 she would examine the plaintiff as to the particulars of the event which constituted the cause of action. Plaintiff filed a motion to set aside this order, alleging that defendant's rights under the above rule were limited to discovery as to affirmative …
Carriers -Airplanes - Right To Limit Liability By Contract
Carriers -Airplanes - Right To Limit Liability By Contract
Michigan Law Review
Defendant corporation conducted a regular airplane passenger service between Miami and Tampa, Florida. Deceased purchased an ordinary passenger ticket at the regular price and, in the course of the trip, was killed due to the negligence of defendant's pilot. There was a stipulation in the ticket which all passengers were required to sign that "the company's liability is limited to $10,000." Wife of deceased sued for the negligent death and recovered a judgment in excess of $10,000. Held, that defendant was a common carrier, and, therefore, could not compel a passenger to release it of its legal liability. Curtis-Wright …
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Michigan Law Review
A testator's will devised his residuary estate in trust to his daughter for life, remainder to her lawful issue, in default of which the corpus was to be distributed to certain charities. The daughter died without issue. After her death the trustee brought suit against the United States for refund of taxes paid, both parties agreeing that the sole question for determination was the admissibility of evidence of the removal of the daughter's generative organs to prove that at the time of the testator's death it was impossible for her to bear issue. Held, such evidence was admissible. Provident …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Torts-Right Of Privacy
Michigan Law Review
Petition by the plaintiffs alleging an invasion of their right of privacy by an unauthorized publication of a picture of their malformed child, taken without their consent after its death, held, on demurrer, to state a cause of action. Bazemore v. Savannah Hospital et al. (Ga. 1930). 155 S.E. 194.
Negligence-Implied Invitation
Michigan Law Review
The plaintiff's intestate was killed as a result of the defendant's failure to keep in repair a footway paralleling a railroad and vehicular toll bridge. Held, that the defendant, by permitting the public to use this footway, had impliedly invited its use and hence owed the deceased the duty of keeping the premises in a reasonably safe condition. Louisville, and Nashville R.R. v. Snow's Admr. (Ky. 1930) 30 S.W.(2d) 885.