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Michigan Law Review

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Articles 9361 - 9390 of 11192

Full-Text Articles in Law

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …

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Bailments - Parking Lots Feb 1932

Bailments - Parking Lots

Michigan Law Review

The defendant operated a parking lot in the business section of the city. There were two entrances and exits, the balance of the lot being enclosed by barriers. B parked his car on the lot, paying twenty-five cents and receiving a ticket which stated: "This ticket must be surrendered when car is taken from lot." Attendants were on duty at all times. It was the custom to leave all cars unlocked and at night to move them near a shack which was occupied by the attendants. The car was stolen, and in a suit against the defendant corporation it was …

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Trade Restraints - Resale Price Maintenance Feb 1932

Trade Restraints - Resale Price Maintenance

Michigan Law Review

Petition to review an order of the Federal Trade Commission requiring the petitioner to cease and desist certain trade methods found to be unfair. Held, that while the petitioner had a right to refuse to sell goods to those who did not sell them at the suggested resale prices, with the further right to state to them its reasons for so doing, the petitioner was rightly ordered to desist from requiring dealers, placing orders, to give assurance that they would be governed by the suggested resale prices as a condition precedent to the acceptance of the orders. Shakespeare Co. …

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Trusts -Tracing Of Assets - Preference Jan 1932

Trusts -Tracing Of Assets - Preference

Michigan Law Review

In State ex rel Sorenson v. Farmers' State Bank of Polk (Lindquist, Intervenor) the beneficiary of a trust fund converted by the bank, subsequently becoming insolvent, was allowed to resort to equity and recover the trust fund as a preferred claim against the general assets of the bank. The beneficiary deposited a promissory note in the sum of $4,500 in the bank for a special purpose and the bank, without authority, indistinguishably mingled the proceeds of this note with the general mass of bank assets. The amount of actual cash on hand when the insolvent bank was taken over by …

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Bills And Notes - Restrictive Indorsement Jan 1932

Bills And Notes - Restrictive Indorsement

Michigan Law Review

Plaintiff sued defendant to enforce the collection of two promissory notes which defendant indorsed in blank to X Bank. X Bank indorsed the notes to "Y Bank, as trustee." Y indorsed the notes to plaintiff. All the indorsements were before maturity and for value. Held, on the pleadings, that the order overruling the demurrer to the declaration be sustained. In a concurring opinion, Brown, J., stated that an indorsement to a corporation or person with the words, "as trustee," after the name is not a restrictive indorsement within the meaning of the Uniform Negotiable Instruments Law, sec. 6796, 7, …

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Navigable Waters - Public And Private Rights Therein Jan 1932

Navigable Waters - Public And Private Rights Therein

Michigan Law Review

Plaintiffs who owned the land underneath waters capable of navigation and who had been operating an established business of carrying passengers for hire in glass-bottomed boats in order to view the rock formations and sea vegetation, sought to enjoin defendants from operating competing boats. Held, in junction should be denied. Silver Springs Paradise Co. v. Ray (Fla. 1931) 50 F.(2d) 356.

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Mistake Of Law In Connection With Titles To Land Jan 1932

Mistake Of Law In Connection With Titles To Land

Michigan Law Review

The confusion resulting from hasty and inaccurate generalization is nowhere better illustrated than in the field of mistake of law as to land titles. The doctrine that no relief can be given for mistake of law is constantly re-asserted by respectable authority, particularly in the case of money paid. But the peculiar hardship in the cases of complete failure of title to land has led to a special treatment of these cases, for which the explanations in judicial opinions are unusually obscure.

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Foreign Diplomats And The Prohibition Laws, Lawrence Preuss Jan 1932

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

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Transfer Of Future Interests, W. Lewis Roberts Jan 1932

Transfer Of Future Interests, W. Lewis Roberts

Michigan Law Review

In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.

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Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross Jan 1932

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

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Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss Jan 1932

Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

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Legislation - Old Age Pensions Jan 1932

Legislation - Old Age Pensions

Michigan Law Review

Out of our changing social theories has grown modern social legislation. The tendency is nowhere better illustrated than in the development of legislation for the care of aged persons. During the last decade great strides have been made in enacting such legislation, and the present year has seen increased activity, leading to the passage of old age pension laws in five states and to numerous other legislative accomplishments.

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Equity - Power To Rescind Conveyance For Fraud - Survival Jan 1932

Equity - Power To Rescind Conveyance For Fraud - Survival

Michigan Law Review

When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …

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Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant Jan 1932

Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant

Michigan Law Review

A tenant who enters under a valid lease can, if he denies his landlord's title, and holds openly, notoriously, and adversely to him for the statutory period, acquire title by adverse possession. But suppose the tenant enters under a void lease and holds for the statutory period, claiming merely under the lease. It seems that there are three possible views as to the legal effect of his holding.

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Attorney And Client - Disbarment - False Testimony Jan 1932

Attorney And Client - Disbarment - False Testimony

Michigan Law Review

A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.

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Banks And Banking - Joint Deposits Jan 1932

Banks And Banking - Joint Deposits

Michigan Law Review

Funds originally belonging to the wife were deposited in a joint account for the husband and wife, it being stipulated that the money was to be withdrawn upon the order of both, and that, upon the death of either, the survivor should have an absolute right to the balance. The husband died and his administrator brought an action to recover one-half of the funds. Held, the money belonged to the wife on any theory of the case which might be developed. Hollingsworth v. Hollingsworth (Iowa 1931) 235 N.W. 726.

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Bills And Notes - Estoppel As Against Bona Fide Purchaser Of Non-Negotiable Chose Jan 1932

Bills And Notes - Estoppel As Against Bona Fide Purchaser Of Non-Negotiable Chose

Michigan Law Review

Plaintiffs bought some interim certificates (at that time non-negotiable in New York), and delivery was made to them. Because of inability to make payment that day, they asked the vendor to send a runner for the certificates, and when a person appeared asking for the amount due the vendor, plaintiffs' cashier gave him the certificates. Shortly thereafter the proper runner arrived, and plaintiff's at once gave notice of the theft in newspapers and otherwise. Some of the stolen certificates were pledged with defendant who acted in good faith in taking them. The defense to this suit for recovery of the …

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Bills And Notes - Negotiation - Implied Warranties Jan 1932

Bills And Notes - Negotiation - Implied Warranties

Michigan Law Review

In a suit by the payee against the maker of a note, the defense was a failure of the consideration, i.e., several assigned drafts had been paid at the time of the assignment. It did not appear whether these unendorsed drafts were order or bearer instruments. Held, under the Negotiable Instruments Law this is not a failure of consideration because the assignor warrants only facts within his knowledge, and evidence of knowledge of these facts by the assignee is admissible to rebut the implied warranty. Queensboro Nat. Bank. v. Kelly, 48 F.(2d)574 (1931).

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Bills And Notes-Payee Of Note Is Holder In Due Course Unless Contrary Appears Jan 1932

Bills And Notes-Payee Of Note Is Holder In Due Course Unless Contrary Appears

Michigan Law Review

Defendant, who had jointly signed (ostensibly as maker) a note containing the words, "I promise to pay," was held not entitled to show by parol evidence that he was an accommodation indorser, under 2 MICH. COMP. LAWS 1929, secs. 9249, 9266 (N. I. L., sec. 17), and 9309 (N. I. L., sec. 60), the court saying, by way of dictum, that, in the absence of a contrary showing, the payee named in a promissory note payable to order is a holder in due course. Price v. Klett (Mich. 1931) 238 N.W. 253.

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Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover Jan 1932

Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover

Michigan Law Review

In an action by the bank to recover money paid on a check from the holder bank which had cashed the check for an unknown payee without requiring identification, and had then presented it to the drawee bank for payment, the drawer's name being forged, it was held that the drawee bank could recover, on the ground that the holder's negligence had lulled the drawee into indifference as to the drawer's signature when paying the check. Louisa Nat. Bank v. Kentucky Nat. Bank (Ky. 1931) 39 S.W. (2d) 497.

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Contracts - Illegality- General Restraint Of Trade Jan 1932

Contracts - Illegality- General Restraint Of Trade

Michigan Law Review

Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.

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Contracts - Parties - Suit On A Sealed Instrument Jan 1932

Contracts - Parties - Suit On A Sealed Instrument

Michigan Law Review

Defendant was the obligor on a bond under seal given for the faithful performance of a shipbuilding contract in which the obligee was named as "the United States Shipping Board Emergency Fleet Corporation; a corporation organized and existing under the laws of the District of Columbia, representing the United States of America." The contract, to insure the performance of which the bond was executed, was signed by the "Fleet Corporation" and sealed with its own seal. In action at law on the bond brought by the United States, held, since the plaintiff was not a party named in the …

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Corporations - Service Of Process On A Subsidiary Corporation Doing Business In The State In An Action Against A Foreign Corporation Jan 1932

Corporations - Service Of Process On A Subsidiary Corporation Doing Business In The State In An Action Against A Foreign Corporation

Michigan Law Review

The Freeport Texas Company, a Delaware corporation, owned all of the stock of the Freeport Sulphur Company, a Texas corporation, except a few qualifying shares. The directorates of the two corporations were interlocking; officers of the parent corporation occupied identical positions in the subsidiary; and common offices were occupied in New York. It also appeared that the board of the Texas corporation only passed on local operating matters and ratified ordinary contracts. The sales end of the organization was operated from New York and the board had no control over it. The fixing and payment of salaries, the amount of …

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Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages Jan 1932

Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages

Michigan Law Review

A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …

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Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss Jan 1932

Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes had spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided: "Sec. 2 (b). Claims for loss or damage . . . must be made in writing . . . within six months after a reasonable time for delivery has elapsed." The testimony of Neiss, freight clerk, who was called …

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Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold Jan 1932

Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold

Michigan Law Review

Plaintiff sued to foreclose a mortgage on a hotel. Defendants were vendors of various pieces of hotel equipment, who apparently had filed title-retaining contracts subsequent to the recording of the realty mortgage. The court found that some of the equipment was not attached to the realty at all, and that the rest could be removed without material in jury to the "freehold." Held, that the title of the conditional vendors prevailed, under N. J. Comp. Stat. supp., secs. 182-93. Bank of America National Ass'n. v. LaReine Hotel Corp. (N. J. 1931) 156 Atl. 28.

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Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord Jan 1932

Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord

Michigan Law Review

Plaintiff alleged that she slipped and fell upon vegetable leaves and other refuse on the sidewalk appurtenant to a fruit store owned by Nickolopulos and leased by him to Galante, thereby sustaining injuries. Held, in a suit brought against both landlord and tenant, that plaintiff stated a cause of action against the landlord, and the motion to dismiss the complaint was properly denied. Brovacko v. Nickolopulos et al. (N. J. 1931) 155 Atl. 765.

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Municipal Corporations - Governmental Function - Liability For Nuisance Jan 1932

Municipal Corporations - Governmental Function - Liability For Nuisance

Michigan Law Review

Plaintiff was injured at a municipal bathing beach as the result of a dive from a spring board into shallow water. Held, that while the city was not liable for the negligent performance of a governmental function, the jury would be justified in finding that the diving board, as erected, constituted a nuisance, and that the defendant city would be liable, on that ground, for personal injuries sustained by the plaintiff. Hoffman v. City of Bristol, 113 Conn. 386, 155 Atl. 499 (1931).

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Negligence - Res Ipsa Loquitur - Circumstantial Evidence Jan 1932

Negligence - Res Ipsa Loquitur - Circumstantial Evidence

Michigan Law Review

Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.

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Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof Jan 1932

Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided that claims for loss or damage must be made in writing within six months after a reasonable time for delivery has elapsed. The testimony of Neiss, freight clerk, who was called by the defendant, was to the effect that eight …

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