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Michigan Law Review

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Full-Text Articles in Law

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety Mar 1932

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety

Michigan Law Review

A, a loan broker, by forging the name of the plaintiff's attorney to a certificate of title, secured title insurance from the plaintiff guaranteeing the X loan association against loss by reason of defect in the mortgagor's title. The mortgagor was a non-existent person whose name A had forged to the note and mortgage. X drew a check on the defendant bank payable to the mortgagor, turning it over to A for delivery. A forged the mortgagor's name and collected from the defendant bank. Upon paying the X loan association on the insurance policy, the plaintiff sought to be subrogated …


Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment Mar 1932

Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment

Michigan Law Review

P applied for a position as switchman with the defendant company. Defendant company had a rule that no one should be employed over the age of 45. Employees who had reached the age of 65 were pensioned but this limit was extended in some cases to 70. To gain employment, P, who was 49, represented that he was 38. He was accepted, and worked for 7 years when he was injured through defendant's negligence while engaged in interstate commerce. Held, his misrepresentation to gain employment did not bar recovery under the Federal Employers Liability Act, it not appearing that …


Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period Mar 1932

Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period

Michigan Law Review

The defendant was indicted in September, 1930, for having robbed a bank in August, 1927. At the time of his act, the statute of limitation of actions required that prosecutions for certain offenses be commenced within five years after the act, and included in this group the crime termed "robbery." Prosecutions for other offenses were barred after two years. In May, 1929, a new statute provided that prosecutions for felonies be commenced within five years after commission of the act by the accused. The defendant contended that robbing a bank was not within the scope of the term "robbery" as …


Injunction - Mutuality- Personal Service Contract Mar 1932

Injunction - Mutuality- Personal Service Contract

Michigan Law Review

Plaintiff and defendant entered into a contract whereby plaintiff was to teach defendant boxing and to use his best efforts to negotiate and manage boxing bouts for defendant over a period of five years, the proceeds of the contests to be divided between plaintiff, defendant, and a brother of defendant on a percentage basis. Defendant agreed not to engage, during the life of the contract, in any "boxes, exhibition fights, or theatrical performances except such as have been procured by" the plaintiff. On appeal by defendant from a temporary injunction restraining his breach of the negative covenant, held, assuming …


Protection Of Employees Against Abrupt Discharge, G. T. Schwenning Mar 1932

Protection Of Employees Against Abrupt Discharge, G. T. Schwenning

Michigan Law Review

The dismissal compensation law movement is a significant, though relatively new, effort on the part of industrial nations to minimize the hazards of employment uncertainty. It is a development in labor legislation of recent origin designed to stabilize employment contracts by limiting employers' freedom of arbitrary and abrupt discharge. Where such statutes have been enacted, employers are required to give their employees advance notice of the termination of the labor contract or to pay compensation in lieu of notice. The length of the time of notice ranges in different countries from five days to two years, while the discharge compensation …


Civil Pleading In Scotland, Robert Wyness Millar Mar 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

It might be expected that, after the lodging of the answers and pleas in law on the part of the defender, a brief period would now be allowed the pursuer to put in a reply to any affirmative allegations contained in the defender's pleading. But this is not the case, at least in the sense of his lodging a separate pleading. He is given opportunity to reply, but by way of revising his condescendence. Basically, the principle is the same as that obtaining in our classic chancery practice, whereby the complainant amended his bill in order to include any special …


Conflict Of Laws-Judicial Notice Of Foreign Law Mar 1932

Conflict Of Laws-Judicial Notice Of Foreign Law

Michigan Law Review

Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …


Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …


Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation Mar 1932

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation

Michigan Law Review

At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.


Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument Mar 1932

Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument

Michigan Law Review

Plaintiff was a good faith purchaser of a trade acceptance payable at a fixed date with a provision for acceleration at the option of the holder [1] " . . . upon the acceptor hereof suspending payment, [2] giving a chattel mortgage, [3] suffering a fire loss, [4] disposing of his business or [5] failing to meet at maturity any prior trade acceptance." In an action by the plaintiff after the fixed date of maturity, defendant-acceptor contended that accelerating provisions 3 and 5 rendered time of payment uncertain and the instrument non-negotiable. Held, the trade acceptance was negotiable. People's …


Constitutional Law - Extent Of State Police Power In Protection Of Public Health Mar 1932

Constitutional Law - Extent Of State Police Power In Protection Of Public Health

Michigan Law Review

An Illinois statute prohibited the manufacture or sale of milk to which had been added any fat or oil other than milk fat. The defendant was engaged in manufacturing for sale outside of the state a product composed of skimmed milk and cocoanut oil which was not deleterious to health in any way. When it was sought to recover the penalty imposed by the statute for its violation, it was claimed that the law was unconstitutional in that it deprived the defendant of property without due process of law. The court held that the statute was an invalid exercise of …


Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute Mar 1932

Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute

Michigan Law Review

An Indian married a negress in Oklahoma. The proper forms were observed, the parties acted in good faith, and thereafter lived together as husband and wife. Children were born to them. The marriage was absolutely void under an Oklahoma statute prohibiting such miscegenation and making it a felony. On the father's death intestate, the guardian of the children petitioned for letters of administration. Held, that under Okla. Comp. Stat. 1921, sec. I 1303, reading, "The issue of all marriages null in law . . . are legitimate," the children of the void marriage took as heirs, and the petition …


Equity-Injunctions - Enjoining Police Officers Mar 1932

Equity-Injunctions - Enjoining Police Officers

Michigan Law Review

The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …


Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action Mar 1932

Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action

Michigan Law Review

Plaintiff brought his action to recover taxes paid under protest September 21, 1920. The tax was levied under the Revenue Act of 1918 on certain whiskey belonging to the plaintiff and stored in a government warehouse, which it was claimed had been withdrawn for beverage purposes. In his first petition, filed July 26, 1924, the plaintiff alleged that no tax was due because the liquor, while in exclusive control of the government and without fault of the plaintiff, was destroyed by fire. Two amended petitions were filed, one on February 28, 1927, and the other on September 22, 1928, in …


Future Interests - Devise Of Life Estate With Superadded Power To Sell Fee Mar 1932

Future Interests - Devise Of Life Estate With Superadded Power To Sell Fee

Michigan Law Review

Testator gave his wife a life estate and added, "and I further empower her to sell any and all of either my personal real or mixed estate whenever she may think it to her interest to do so," with a limitation over to his son of whatever property remained of his estate at the time of the widow's death or remarriage. The widow conveyed the estate in fee to her daughter for valuable consideration. On the widow's death the son, as remainderman, brought ejectment against the daughter. Held, that the action did not lie since the widow had been …


Legislation - Wisconsin Unemployment Insurance Act Mar 1932

Legislation - Wisconsin Unemployment Insurance Act

Michigan Law Review

Culminating years of activity in its state legislature, Wisconsin on January twenty-eighth adopted the Groves Bill (Bill No. 8, A) providing for compulsory unemployment insurance, the first legislation of the sort to be enacted in the United States. For a discussion of unemployment insurance measures introduced at the 1931 legislatures see 30 MICH. L. REV. 410 (January, 1932). The compulsory plan is to become operative July 1, 1933, unless Wisconsin employers employing more than 175,000 workers in the state have by that date established approved voluntary insurance systems.


Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant Mar 1932

Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant

Michigan Law Review

Plaintiff and defendant were competitors in the laundry business. While plaintiff was collecting laundry a dispute arose between him and defendant's driver over the right to certain laundry of which plaintiff had taken possession. The driver undertook to obtain it from plaintiff by force and assaulted him. Suit was brought against the laundry company as principal. Held, though arising out of the business, the assault was outside the scope of employment so defendant was not liable. Morin v. Wet Wash Laundry Company (N. H. 1931) 156 Atl. 499.


Municipal Corporations - Validity Of Setback Ordinances In Improved Districts Mar 1932

Municipal Corporations - Validity Of Setback Ordinances In Improved Districts

Michigan Law Review

Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street …


Negligence - Proximate Cause - Intervening Criminal Act Mar 1932

Negligence - Proximate Cause - Intervening Criminal Act

Michigan Law Review

Defendant railroad company, having suffered heavily from depredations committed by a dangerous gang of train robbers, employed plaintiff's intestate as a train guard. Defendant also employed X, a member of the gang, to act as an informer and to forewarn defendant of the gang's activities. X, on one occasion, negligently failed to inform defendant of the gang's plans and plaintiff's intestate was killed by one of the robbers. Plaintiff brought action under the Federal Employer's Liability Act, as next of kin, on the theory that defendant was guilty of negligence in failing to warn the train guard, and that this …


Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy Mar 1932

Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy

Michigan Law Review

After dissolution of the partnership, one partner appropriated sums of money belonging to the partnership to his own use. He was subsequently discharged in bankruptcy. His co-partner, by a cross-bill in a suit for the appointment of a receiver and for liquidation of the partnership, sought to hold him for the liability, and it was held that this liability was not discharged by his bankruptcy, since the money appropriated was the property of the firm, and his taking of it was wilful and malicious injury to the property of another, liability for which is exempted from discharge by sec. 17 …


Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class? Mar 1932

Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class?

Michigan Law Review

The plaintiff, a stockholder in the Bank of the United States, sued the defendant, superintendent of banks for New York State, for losses sustained when the bank failed as a result of the defendant's failure to perform certain acts required by statute. Held, the defendant, being charged by statute with a duty to all the people of the state, owed no duty to the stockholders as individuals, and was not liable to the plaintiff. Walker v. Broderick, 252 N. Y. S. 559 (1931).


Suretyship - Revocation By Death Mar 1932

Suretyship - Revocation By Death

Michigan Law Review

In consideration of a promise on the part of the vendor in a land contract to accept from the purchaser the first four installments of interest in the form of four notes, the decedent agreed in writing to indorse said notes and become responsible to the vendor for their payment. The surety died before the first of the notes was to be made and indorsed. A claim was made against the estate of the surety on this writing, the trial judge finding for the estate on the ground that there was no competent evidence from which damage might be determined; …


Taxation-Power To Determine Income Tax Rate Of Husband On Basis Of Combined Income Of Husband And Wife Mar 1932

Taxation-Power To Determine Income Tax Rate Of Husband On Basis Of Combined Income Of Husband And Wife

Michigan Law Review

The plaintiff and his wife had separate incomes and estates. The Wisconsin income tax law provided that married persons living together might make separate returns, but that the tax rate should be that rate which would apply had their incomes been combined in a single return. Wis Stat., 1927, c. 71.05 (2) (d), c. 71.09(4) (c). Income tax rates, under the Wisconsin law, are graduated according to the size of the income. Married women are given equal property and contract rights with men under the Wisconsin statutes. The plaintiff, protesting against payment of a higher rate than that prescribed for …


Torts - Negligence - Recent Acquisition Of Driver's License Mar 1932

Torts - Negligence - Recent Acquisition Of Driver's License

Michigan Law Review

In a suit for damages for injuries allegedly negligently inflicted upon the occupant of an automobile, plaintiff testified that defendant was driving at a high rate of speed when his car began to zigzag and finally overturned, injuring plaintiff. Defendant testified that he was driving moderately when, upon their sudden application, the brakes locked, causing the car to zigzag and overturn. There was evidence to the effect that "defendant was an inexperienced driver, having just obtained his driver's license." Defendant's motions for a nonsuit and a directed verdict were refused. Held, that the question of defendant's negligence was for …


Trusts-Duty Of The Trustee To Sell Stock In A Falling Market Mar 1932

Trusts-Duty Of The Trustee To Sell Stock In A Falling Market

Michigan Law Review

Securities were turned over to defendant as trustee, among which were issues of common stock in two sugar companies, under the direction that the trustees were authorized to continue all investments of the testator without any personal liability in doing so. In the executor's accounting the stocks were valued per share at $22 and $12.25 respectively. In the present accounting, instituted by the beneficiary on becoming entitled to the corpus of the trust estate, the stocks had fallen to $7 and $.50 respectively. The trust company was experienced in the handling of securities and its officers were advised not to …


Vendor And Purchaser - Liability Of Purchaser In Possession For Rent Mar 1932

Vendor And Purchaser - Liability Of Purchaser In Possession For Rent

Michigan Law Review

Defendant contracted to buy land from plaintiff for $2500. He was to have the right to immediate possession when the balance due was reduced to $1000, but he took possession at once, apparently without objection from plaintiff. A year later, the payments made totalling only $150, plaintiff sued for the unpaid balance, and for rent for the year. Held, he was entitled to both. Prouty v. Tupper (S. D. I93I) 236 N.W. 303.


An Extravagant Account Mar 1932

An Extravagant Account

Michigan Law Review

A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.


A Reference Work On Post War Treaties Mar 1932

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht


A Valuable Record Of International Practice Mar 1932

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld


Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin Mar 1932

Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin

Michigan Law Review

The object of this paper is to examine certain fundamental corporate changes which statutes or articles frequently authorize majority stockholders, or a certain proportion of all, to bring about, and to ascertain whether courts have looked simply to the literal wording of the authority and have sanctioned the action if in accord with the statute or whether they have implied equitable restrictions in spite of apparently unlimited authority in the statute or articles. How far, for example, have courts gone in the direction of the business man's idea that the corporation, after all, is a democratic affair, and that the …