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Michigan Law Review

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Articles 9181 - 9210 of 11192

Full-Text Articles in Law

Contracts-Assignment-Liability Of Assignee For Non-Performance Of Delegated Duties Nov 1932

Contracts-Assignment-Liability Of Assignee For Non-Performance Of Delegated Duties

Michigan Law Review

Plaintiff bank extended credit to cover checks drawn by X, a cattle buyer, who agreed that the proceeds of the sale of the cattle would be deposited to the bank's credit in A bank. X gave an order to the defendant, his commission broker, to retain the proceeds of the sale of the cattle and deposit them in A bank to the credit of the plaintiff. Defendant deposited the proceeds in its own name in B bank and sent its check to A bank. B bank became insolvent and the check was never paid. Held, in Wallowa Nat. …

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Torts-Liability For Innocent Misrepresentation-Plaintiffs Reliance Nov 1932

Torts-Liability For Innocent Misrepresentation-Plaintiffs Reliance

Michigan Law Review

Defendant's agent innocently misrepresented the amount of special tax assessments on property purchased by plaintiff. Before purchase plaintiff searched the records at the office of the commissioner of finance. The records confirmed the agent's statement. However, after purchase, an error was discovered and the unpaid assessments were found to be greater than supposed. Plaintiff brought an action for damages. Held, in Moulton v. Norton that, as the representation was false in fact, plaintiff could recover though the representation had been made honestly.

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Corporations-Validity Of Default Provisions In Trust Mortgages Nov 1932

Corporations-Validity Of Default Provisions In Trust Mortgages

Michigan Law Review

Ordinarily a secured creditor can take action to protect his claim against his debtor. When, however, the creditor is only one of many whose claims are equal in lien and right, it may be undesirable that any single creditor should be able to take independent action. This fact has led draftsmen to insert in corporate mortgages provisions limiting the rights of minority bondholders to take action in the event of default under the mortgage. The use of such provisions has created an apparent hotbed of judicial dissension.

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Mortgages-Given Without Consideration But Intended As Gift Nov 1932

Mortgages-Given Without Consideration But Intended As Gift

Michigan Law Review

Statements that no mortgage is good unless there is consideration therefor are common; but that such statements are entirely true is very doubtful. Jones, in his book, Mortgages, makes such a statement, and then in the same section tells us that a mortgage intended as a gift will be enforced against all but prior creditors of the mortgagor. Wiltsie, in his book, Mortgage Foreclosures, states that want of consideration is a good defense, with some exceptions which are not clearly indicated. And Tiffany, in his work on Real Property, suggests that although a mortgage without consideration might be valid as …

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Torts-Malicious Prosecution-Advice Of Counsel Nov 1932

Torts-Malicious Prosecution-Advice Of Counsel

Michigan Law Review

Defendant, a practicing lawyer, lodged a complaint charging plaintiff with larceny. A criminal warrant was issued; plaintiff was arrested, but the action was dismissed when the complaining witness failed to appear at the trial. Plaintiff then brought this action for malicious prosecution. One of the grounds of defense pleaded was that which is commonly called "advice of counsel," defendant pleading that, in his judgment, the plaintiff was guilty as charged. Held, in Mawhinney v. Morrissey, that, under the facts of this case, the defense fails because the attorney-defendant was not a disinterested party.

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Non-Assignment Provisions In Land Contracts, Edwin C. Goddard Nov 1932

Non-Assignment Provisions In Land Contracts, Edwin C. Goddard

Michigan Law Review

Many a sale of real estate is made to a purchaser who lacks the ready cash to pay the price. A deed of conveyance may be given with a mortgage back for the unpaid portion of the purchase price. But more and more in recent years the vendor has given a contract to convey conditioned upon the making of periodical payments of stipulated amounts, a deed to be given when the whole or a stated portion of the purchase price has been paid. The initial payment may be very small, and not infrequently the periodic payments are little more than …

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Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway Nov 1932

Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway

Michigan Law Review

The United States Supreme Court has held repeatedly that dealings between intercorporately related companies should be scrutinized closely to prevent any unfair advantage being taken of a subsidiary public utility company by a dominant organization through an exercise of the control inherent in capital stock ownership.1 Yet in an opinion written by Mr. Justice McReynolds in 1923, the court laid down a rule for utilities commissions in rate cases involving intercorporate service-contract charges which, if strictly adhered to, would have sounded the death knell for effective commission regulation.

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Legislative Committees And Commissions In The United States, John A. Fairlie Nov 1932

Legislative Committees And Commissions In The United States, John A. Fairlie

Michigan Law Review

In the Congress of the United States and the legislatures of the forty-eight states committees composed of a limited number of members play an important part and to a large extent the predominant part, in legislation both by making preliminary inquiries and by planning the detailed provisions of measures. While important changes are at times made in the general sessions, the final result is in a large measure determined by the several committees. In most American legislative bodies there are numerous committees of various kinds, such as select committees for limited special purposes, standing committees regularly appointed, conference committees, and …

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Comment Upon Failure Of Accused To Testify, Robert P. Reeder Nov 1932

Comment Upon Failure Of Accused To Testify, Robert P. Reeder

Michigan Law Review

Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …

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Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty Nov 1932

Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty

Michigan Law Review

At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …

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Restrictive Indorsements Nov 1932

Restrictive Indorsements

Michigan Law Review

Under Sec. 36 of the N. I. L. an indorsement is restrictive which prohibits further negotiation or constitutes the indorsee the agent of the indorser or vests the title in a trustee in trust for some other person. The mere absence of words importing a power to negotiate does not, however, make the indorsement restrictive. Among the rights of a restrictive indorsee as declared by Sec. 37 is the one to bring "any action thereon that the indorser could bring." The remaining provision of the statute dealing with such indorsements is Sec. 47, which provides that "An instrument negotiable in …

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Constitutional Law-Conclusiveness Of Consent Of Senate To Presidential Appointment Nov 1932

Constitutional Law-Conclusiveness Of Consent Of Senate To Presidential Appointment

Michigan Law Review

On December 3, 1930, President Hoover submitted to the Senate the name of George Otis Smith as chairman and member of the Federal Power Commission, which Congress had created by an act approved June 23, 1930. On December 20, 1930, the Senate in open executive session voted to advise and consent to Smith's nomination. The president pro tem. announced that the President would be notified, and there was no objection. On the same day it was ordered that all resolutions of confirmation that day passed be forwarded "forthwith" to the President. The secretary of the Senate formally notified the …

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Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance Nov 1932

Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance

Michigan Law Review

Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.

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Bills And Notes-Fictitious Payee-Bearer Instrument Nov 1932

Bills And Notes-Fictitious Payee-Bearer Instrument

Michigan Law Review

A receiver in bankruptcy drew a check on the funds of the bankrupt deposited in the name of the receiver in the defendant bank, payable to "Joseph Wolf" who was a non-existing person. The receiver indorsed the check in the name of "Joseph Wolf" and received payment from defendant which acted innocently. The trustee in bankruptcy sued the defendant for paying a check over a forged indorsement. Held, in Childs v. Empire Trust Co., that the check, being made payable to a .fictitious payee with the knowledge of the person making it so payable, was a bearer instrument, …

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Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable Nov 1932

Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable

Michigan Law Review

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …

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Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union Nov 1932

Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union

Michigan Law Review

Defendant agreed with an employees' union that its employees would not be discharged without cause or without a hearing. The plaintiff, who entered into an employment contract with the defendant for an indefinite term, was discharged by the latter without a hearing, and sued as a third party beneficiary for breach of the defendant's agreement with the union. Held, in Johnson v. Am. Ry Express Co., that this agreement was a valid third party beneficiary contract, and so enforcible by the plaintiff who was one of the parties intended to be benefited by it.

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Deeds-Acceptance After Death Of Grantor Nov 1932

Deeds-Acceptance After Death Of Grantor

Michigan Law Review

M. H. executed four deeds and delivered them to an attorney to be delivered to the grantees after her death. Two of the deeds contained clauses requiring the grantee to assume a mortgage. The deeds were delivered as directed and were recorded by the grantees after the grantor's death. Held, in Healy v. Stevens, et al, that the acceptance, though after the grantor's death, made the deeds effective.

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Descent And Distribution-Release Of Expectancy-Effect Nov 1932

Descent And Distribution-Release Of Expectancy-Effect

Michigan Law Review

The testator owned an undivided interest in two sections of land. Upon his death the heirs made an agreement whereby five of the children (the plaintiffs) and the widow quitclaimed their interest in the one section to the remaining two children (the defendants) who in return quitclaimed their interest in the other section to the plaintiffs and widow. It was further agreed that, upon her death, the defendants were not to share in the distribution of her interest in the land. In disregard of this agreement, however, the defendants claimed a proportionate interest. It was held, in Heinrich v. …

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Equity-Injunction Against Criminal Proceedings Nov 1932

Equity-Injunction Against Criminal Proceedings

Michigan Law Review

The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.

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Executors And Administrators-Right To Deduct Statute-Barred Debt From Legacy Or Distributive Share Nov 1932

Executors And Administrators-Right To Deduct Statute-Barred Debt From Legacy Or Distributive Share

Michigan Law Review

A contingent legatee made application for an order to compel the executor to pay to her a legacy. The executor claimed the right to deduct a debt due the estate upon which the statute of limitations had run. The court held, in In re Weidig' s Will, that there could be no deduction.

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Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance Nov 1932

Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance

Michigan Law Review

Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.

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Negligence-"Family Automobile" Doctrine Applied To Motorboat Nov 1932

Negligence-"Family Automobile" Doctrine Applied To Motorboat

Michigan Law Review

Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.

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Pleading-How To Raise The Issue Of Payment Nov 1932

Pleading-How To Raise The Issue Of Payment

Michigan Law Review

On rehearing in an action on contract for money two questions were presented to the court, to wit: first, is an allegation of non-payment essential in order that this complaint might state a cause of action; and second, can the issue of payment be raised by the defendant's general denial? Held, in Hughes v. Wachter an allegation of non-payment is necessary in the complaint, and the defendant may prove payment under a general denial.

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Statute Of Frauds-Oral Modification Of Written Agreement Nov 1932

Statute Of Frauds-Oral Modification Of Written Agreement

Michigan Law Review

The vendor sued on a written contract of sale. The defense was that subsequent to the formation of the contract the parties had orally agreed to extend the time for payment and delivery one year. The vendor argued that the contract, being within the statute of frauds, could not be modified by a parol agreement. Held, in Bemis Bros. Bag Co. v. Nesbitt that performance of a written contract may be extended by subsequent oral agreement.

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Taxation-Federal Instrumentalities-Exemption From State Tax Nov 1932

Taxation-Federal Instrumentalities-Exemption From State Tax

Michigan Law Review

Appellant, a New York corporation which is engaged in Georgia in licensing copyrighted motion pictures, brought suit to restrain a Georgia tax upon the gross receipts of royalties. Appellant urged the invalidity of the tax upon the ground that copyrights are instrumentalities of the United States. The supreme court of Georgia ruled that the suit should be dismissed. On appeal to the Supreme Court of the United States it was held, in Fox Film Corporation v. Doyal, that a state tax on royalties derived from copyrights is valid.

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Trial Practice-Waiver Of General Verdict And Agreement To Submission On Special Interrogatories Nov 1932

Trial Practice-Waiver Of General Verdict And Agreement To Submission On Special Interrogatories

Michigan Law Review

By agreement of the parties, this case was submitted to the jury on six special interrogatories, a general verdict being waived, and judgment was rendered on the answers so given. The appellate court, in reviewing the case, held, in Central Loan and Investment Co. v. Loiseau, that the legal effect of this agreement was a waiver of trial by jury, except for the specific questions submitted, and that findings of fact should have been made by the judge on all issues other than those specifically found by the jury. These findings were held necessary to support a judgment, …

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Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States Nov 1932

Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States

Michigan Law Review

It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …

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Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers Nov 1932

Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers

Michigan Law Review

Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …

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Taxation-Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death Nov 1932

Taxation-Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death

Michigan Law Review

Motion for a refund was made by the plaintiff on the ground that certain transfers made within two years preceding the death of the decedent should not have been taxed under the federal estate tax since they were not in fact made in contemplation of death. The defendant filed a demurrer on the ground that under the provisions of sec. 302 (c) of the Revenue Act of 1926, such transfers were taxable regardless of the motive impelling them. The section reads: "Where within two years prior to his death . . . and without such a consideration the decedent has …

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Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity Jun 1932

Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity

Michigan Law Review

The latest effort of organized labor to protect itself against judicial interference in industrial disputes is to be found in the Norris anti-injunction bill, passed by Congress early this year and signed by the President on March 23, 1932. Its object is to limit the powers of federal courts at law and in equity, and chiefly to regulate the grant of federal injunctions in labor disputes. Similar legislation, state and federal, has encountered many obstacles, either by way of restrictive interpretation or through constitutional limitations. It is, therefore, interesting to examine not only the main provisions of the Norris Act …

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