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Michigan Law Review

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Articles 9421 - 9450 of 11192

Full-Text Articles in Law

Insurance - Accidental Means - Death By Carbon Monoxide Poisoning Dec 1931

Insurance - Accidental Means - Death By Carbon Monoxide Poisoning

Michigan Law Review

The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.

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Insurance - Estoppel - Parol Evidence Rule Dec 1931

Insurance - Estoppel - Parol Evidence Rule

Michigan Law Review

The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …

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Mechanics' Liens - Property Subject To Liens - Easements Dec 1931

Mechanics' Liens - Property Subject To Liens - Easements

Michigan Law Review

The Ford Motor Company held a right of way across certain railroad tracks from a street to its plant, and contracted with B to build an underpass and grade separation from the street and under the tracks. Before full performance, the Ford Company discharged B and completed the work itself. Numerous materialmen claimed mechanics' liens for supplies furnished B. Held, the right of passage was an easement appurtenant to the Ford plant and not lienable as such, because severance from the dominant estate would extinguish the easement. A lien on the underpass as a building on the land of …

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Torts - Negligence - Liability For Injuries Caused By Fright Dec 1931

Torts - Negligence - Liability For Injuries Caused By Fright

Michigan Law Review

Plaintiff's testatrix, a passenger in an automobile which collided with a machine negligently operated by defendant, suffered no serious physical injuries from the collision. However, "within a few minutes after the accident, she stepped from the automobile and started to write down the defendant's name and license number," but, due to her fright, she fainted and fell, fractured her skull, and died. Judgment for plaintiff was affirmed in the appellate division. The New York court of appeals held that the judgment should be affirmed, and upheld the trial court in its refusal to instruct the jury that it must find …

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Torts - Recovery For Injuries Caused By Fright Dec 1931

Torts - Recovery For Injuries Caused By Fright

Michigan Law Review

The manager of one of defendant's branch stores, in filling an order for a loaf of bread, delivered a dead rat to the plaintiff. The plaintiff incurred serious physical injuries as a result of the fright and shock. In plaintiff's suit against the defendant company it was held that there could be a recovery for physical injuries caused by fright alone. Great Atlantic and Pacific Tea Co. v. Roch (Md. 1931) 153 Atl. 22.

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A Casebook On Corporation Finance Dec 1931

A Casebook On Corporation Finance

Michigan Law Review

A review of CASES AND MATERIALS ON THE LAW OF CORPORATION FINANCE. By Adolf A. Berle, Jr.

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The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine Dec 1931

The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine

Michigan Law Review

When a buyer seeks to purchase goods on credit, the seller often refuses to make the sale unless the buyer procures some third person to become liable for the price; and the seller also exacts the privilege of suing either the buyer or the third person or both in the event that payment is not made on the date the price falls due. In a three-party transaction of this sort, the buyer, after the goods are delivered, is commonly called the principal, the seller the creditor, and the third person the surety.

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The Courts, The Press, And The Public, Stuart H. Perry Dec 1931

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …

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Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders Dec 1931

Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders

Michigan Law Review

In periods of business depression, problems concerning the dissolution and liquidation of corporations, with the question of preference between the holders of the preferred and common stock, often become very acute. A recent case, presenting the question of preference from the aspect of unpaid dividends on preferred stock, is Penington v. Commonwealth Hotel Construction Corporation.

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Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee Dec 1931

Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee

Michigan Law Review

K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.

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Bills And Notes - Negotiability Of Note Authorizing Judgment Dec 1931

Bills And Notes - Negotiability Of Note Authorizing Judgment

Michigan Law Review

A note, payable ninety days after date, authorized an entry of judgment against the maker by the holder "at any time after the date thereof, without stay of execution." Held, that this authority destroyed the negotiability of the note because it was neither payable on demand nor at a fixed and determinable future time. Wooleyhan v. Green (Del. 1931) 155 Atl. 602.

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Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance Dec 1931

Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance

Michigan Law Review

A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …

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Crimes - Burglary - Structures Subject To Dec 1931

Crimes - Burglary - Structures Subject To

Michigan Law Review

The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).

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Trusts - "Active" Trusts Dec 1931

Trusts - "Active" Trusts

Michigan Law Review

A will gave the residue of the testator's realty and personalty to his wife for life, with power to draw on so much of the principal for her support as she and Rubie Tracy should deem necessary. In a later clause, the testator recited his desire that his wife "have assistance in taking care of the property hereinabove bequeathed and devised to her," and appointed Rubie Tracy, testator's wife, and a third person to be trustees for the wife of whatever she received under the will. Held, an active trust. Bunker v. Bunker et al. (Me. 1931) 154 …

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A Law Book By An Engineer Dec 1931

A Law Book By An Engineer

Michigan Law Review

A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.

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Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson Nov 1931

Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson

Michigan Law Review

The Report concerning child offenders in the federal system of justice is a joint report for the National Commission on Law Observance and Enforcement and the White House Conference on Child Health and Protection. The study on which the report is based was conducted by Dr. Miriam van Waters, for many years the referee of the Juvenile Court of Los Angeles. Her choice to direct this study is to be commended. Not only was she in intimate contact with children who were offenders in California, but her experience in varied capacities has made her familiar with juvenile delinquency and its …

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Constitutional Law--Compelling Witness Duty From Absent Nationals Nov 1931

Constitutional Law--Compelling Witness Duty From Absent Nationals

Michigan Law Review

One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …

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Review Of A Review, Charles E. Clark Nov 1931

Review Of A Review, Charles E. Clark

Michigan Law Review

In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …

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A Book Of Little Value, Ralph W. Aigler Nov 1931

A Book Of Little Value, Ralph W. Aigler

Michigan Law Review

The former edition of this textbook appeared in 1922, before the Negotiable Instruments Law had been adopted by all of the states. The changes in the present edition are numerous. Part III of the two former editions has hen eliminated by placing the citations to the Negotiable Instruments Law in the footnotes. Many new sections have been added. The chapter on Guaranty and Suretyship has been eliminated. The introductory chapter is essentially new, and a chapter on Amount of Recovery has been added. The chapter on Conflict of Laws has been rewritten. The author has incorporated the proposed amendments to …

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Reports Of The National Commission On Law Observance And Enforcement Nov 1931

Reports Of The National Commission On Law Observance And Enforcement

Michigan Law Review

The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.

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Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland Nov 1931

Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland

Michigan Law Review

The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.

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Report On Prosecution, Rollin M. Perkins Nov 1931

Report On Prosecution, Rollin M. Perkins

Michigan Law Review

The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.

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Report On Criminal Procedure, Rollin M. Perkins Nov 1931

Report On Criminal Procedure, Rollin M. Perkins

Michigan Law Review

During the period of trial by battle such a proceeding served, in addition to its nominal purpose, something of the function which is now served by a World's Series ball game. From that time to this, the trial has been the spectacular aspect of the enforcement of justice in general and of criminal justice in particular. The result has been relative overemphasis upon criminal procedure in the strictly technical sense, and a corresponding neglect of the broader problems of administration. If, for instance, a conviction under a statute making it grand larceny to steal "a cow or animal of the …

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Report On Lawlessness In Law Enforcement, John Barker Waite Nov 1931

Report On Lawlessness In Law Enforcement, John Barker Waite

Michigan Law Review

The first part of this Report offers taxpayers little return on their investment. All it even purports to do is to inform the public that the police throughout the country sometimes use intolerable, brutal methods to extract information concerning crime and occasionally keep arrested persons out of communication with lawyers and friends until they can be questioned at length. But of these facts the public was already convinced through newspaper and magazine. Indeed, the Report itself uses the widespread public knowledge of the evil as evidence of its existence. Yet, beyond this repetition of already accepted beliefs, the Report really …

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Report On Police, John Barker Waite Nov 1931

Report On Police, John Barker Waite

Michigan Law Review

The Report begins: "The general failure of the police to detect and arrest criminals . . . has caused a loss of public confidence in the police of our country. For a condition so general there must be some universal underlying causes to account for it."

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Report On Criminal Statistics, Lent D. Upson Nov 1931

Report On Criminal Statistics, Lent D. Upson

Michigan Law Review

Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.

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Report On The Cost Of Crime, Herbert F, Taggart Nov 1931

Report On The Cost Of Crime, Herbert F, Taggart

Michigan Law Review

The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …

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Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood Nov 1931

Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood

Michigan Law Review

This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.

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Report On Crime And The Foreign Born, Joseph Cohen Nov 1931

Report On Crime And The Foreign Born, Joseph Cohen

Michigan Law Review

That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …

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Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason Nov 1931

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.

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