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Michigan Law Review

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Articles 9541 - 9570 of 11192

Full-Text Articles in Law

Sales-Implied Warranty Of Fitness Under Uniform Act May 1931

Sales-Implied Warranty Of Fitness Under Uniform Act

Michigan Law Review

Defendants, being in need of a coal stoker that would accomplish a particular purpose, made their desires known to plaintiffs. Plaintiffs sold defendants a certain stoker under its trade name, assuring them that it would accomplish their purpose. Defendants were entire.ly ignorant as to the ability or capacity of the stoker and did not know that it even had a trade name, and plaintiffs made the sale knowing that defendants were unfamiliar with the equipment and its operation. The Uniform Sales Act, in force in the jurisdiction, provides in subd. 1 that where the buyer reveals the purpose for which …

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Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor May 1931

Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor

Michigan Law Review

The plaintiff manufactured medicines, selling to peddlers who operated as independent contractors. Menning, a peddler, signed a new contract with plaintiff for operations for the ensuing year, the contract also covering payment of existing debts ($1,794) to plaintiff. The defendant, induced by Menning and relying on his statement that there was no existing debt, signed the contract as surety, the guaranty reciting a consideration of $1 received by defendant and an extension of time on any debts. This contract was terminated after seven weeks, and plaintiff sued for $1670, the balance due. The defendant claimed that Menning was plaintiff's agent …

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Torts-Proximate Cause-Intervening Criminal Act May 1931

Torts-Proximate Cause-Intervening Criminal Act

Michigan Law Review

Defendant, in entering plaintiff's house to repossess certain furniture sold under a contract granting the vendor the right to repossess, opened, and left open, a window which plaintiff had nailed shut. Subsequently a burglar entered plaintiff's house and stole other goods belonging to plaintiff. Alleging negligence on defendant's part, plaintiff sued and recovered for the value of the goods stolen, but, on appeal, it was held that there was not sufficient evidence of negligence to warrant the verdict, and that, admitting negligence, the alleged negligence was not, as a matter of law, the cause of plaintiff's loss. Strong v. Granite …

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Treaties-Effect Of War On Commercial Treaties May 1931

Treaties-Effect Of War On Commercial Treaties

Michigan Law Review

The Sophie Rickmers, a German merchant vessel registered at Hamburg and owned by a German corporation with principal place of business there, entered New York Sept. 27, 1921. Upon its entry a tonnage duty of fifty cents per ton was collected under U. S. Rev. Stat. sec. 4219 as amended by 19 Stat. 250 (46 U. S. C. A. 121), and sec. ,4225 (46 U. S. C. A. 128), in addition to the six-cent tonnage duty under 36 Stat. 111 (46 U. S. C. A. 121). The treaty of the United States made in 1827 with the Hanseatic Republics, 1 …

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Treaties-State Successsion-Effect On Commercial Treaties And Reciprocity Statutes May 1931

Treaties-State Successsion-Effect On Commercial Treaties And Reciprocity Statutes

Michigan Law Review

In a suit to recover alleged excessive tonnage duties the court held that the commercial treaties made by the United States with the Hanseatic Republics in 1827 (1 Malloy 901), and with Prussia in 1828 (2 Malloy 1496), were still valid and effective to exempt a vessel from duties that were imposed in 1921; but that U. S. Rev. Stat. sec. 4229-30 and 4 Stat. 2, exempting Prussian vessels from these taxes, were no longer operative. For facts, see note supra. The Sophie Rickmers, 45 F.(2d) 413.

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Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument May 1931

Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument

Michigan Law Review

Because of the amount of wealth involved and the prominence of the participants, the recent decision of Surrogate Foley in the surrogate's court of New York county in construing the will of the late Joseph Pulitzer has attracted much public attention. The decision is not without its interest to the legal profession. Mr. Pulitzer in his will expressly prohibited the trustees from selling under any circumstances whatever any stock of the Press Publishing Company, publishers of the "New York World" newspapers. Aside from the shares of stock left in trust the remaining shares are owned by the trustees, Mr. Pulitzer's …

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Wills-Future Estates-Descendibility Of Contingent Remainders May 1931

Wills-Future Estates-Descendibility Of Contingent Remainders

Michigan Law Review

A testator left property in trust for his wife and son, or the survivor of them, for life. There followed a remainder over the lineal heirs of the son, but should the son die without issue the property was to be divided among specifically named devisees. The son died unmarried and without issue. Representatives of three deceased remaindermen who had predeceased the son claimed shares in the estate. Held, that the shares of the contingent remaindermen had lapsed. In re Coots's Estate (Mich. 1931) 234 N.W. 141.

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Wills-Interlineation-Incorporation By Reference May 1931

Wills-Interlineation-Incorporation By Reference

Michigan Law Review

A will was completely executed on one side of the page. In the margin, but above the testator's signature, were written the words, "See other side for completion." On the reverse side were the words, "Continuation from the other side," followed by a dispositive clauses. There was no signature on the second page, but it was proved that these clauses were written before the testator signed on the first page. Under 15 Viet; c. 24, sec.1 no signature shall be operative to give effect to any disposition which is. underneath or which follows it. Held, that the writing on …

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Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer May 1931

Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer

Michigan Law Review

The plaintiffs, whose regular occupation was that of farming, were under a contract to move a house. The claimant, employed by the plaintiffs to assist in the undertaking (it does not appear whether he was regularly employed by them as a farmhand), was injured when a bridge, over which the house was being moved, fell into the river. Held, the injury was not compensable under the Workmen's Compensation Act since the employment was not "in the course of a trade, business, profession, or occupation'' of the employers. Vandervort v. Industrial Commission (Wis. 1931) 234 N.W. 492.

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Review: Watkins On Shippers And Carriers, Chas. E. Cullen May 1931

Review: Watkins On Shippers And Carriers, Chas. E. Cullen

Michigan Law Review

A Book Review on WATKINS ON SHIPPERS AND CARRIERS Fourth edition by Edgar Watkins assisted by J. Halden Alldredge.

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Review: A Textbook On Law And Business, J. Wayne Ley May 1931

Review: A Textbook On Law And Business, J. Wayne Ley

Michigan Law Review

A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer

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Conflict Of Laws-Foreign Tort-Survival Of Action May 1931

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 …

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Sales - Warranty - Theory Of Implied Assignment May 1931

Sales - Warranty - Theory Of Implied Assignment

Michigan Law Review

In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: the plaintiff signed an order for a tractor, knowing that the defendant's agent, who solicited the order, had no power to make a binding contract, and knowing, from the face of the order, that there would be no contract till it was accepted at the defendant's home office. The agent's employment was terminated before he sent the order in, so he turned it over to another dealer. The latter did not forward the order to the defendant, but wrote a new one, signed …

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Bankruptcy-Effect Of Discharge On Assignment Of Expectancy May 1931

Bankruptcy-Effect Of Discharge On Assignment Of Expectancy

Michigan Law Review

The Bankruptcy Act of the United States provides for the preservation of liens against a bankrupt's property not specifically declared by the Act itself to be dissolved because of fraud or because obtained within four months prior to the filing of the petition in bankruptcy. A discharge in bankruptcy protects the bankrupt from personal liability but does not affect valid and subsisting liens. These may be enforced after the discharge is granted

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Brokers-Liability In Conversion For Sale Of Stolen Bonds May 1931

Brokers-Liability In Conversion For Sale Of Stolen Bonds

Michigan Law Review

Plaintiffs, brokers, sold on the Exchange as agents for a supposedly reputable customer, certain negotiable bonds. Purchasers, upon learning that the bonds had been stolen, returned them to the plaintiffs who, pursuant to a rule of the Exchange, substituted other bonds of unquestioned title. In an action by the plaintiffs against an insurance company, subrogated to the rights of the original owners, for a declaration of ownership, held, for the plaintiffs. Gruntal v. National Security Co. (N. Y., Nov., 1930) 173 N.E. 682.

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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Contracts-Breach Of Independent Promise As Ground For Recscission May 1931

Contracts-Breach Of Independent Promise As Ground For Recscission

Michigan Law Review

Having interested plaintiff in certain debentures, defendant, in return for a promise of one-fourth of any profit which plaintiff might receive, agreed to indemnify him against loss. By profit was meant any bonuses paid, and the difference between purchase and redemption price. When the call date was extended beyond the original period plaintiff gave notice that he would sell and hold defendant on his guaranty, to which defendant protested that no liability arose before the redemption date and that he would no longer consider himself bound. Plaintiff sold, but subsequently repurchased. The corporation having been wound up, plaintiff sued on …

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Gifts-Necessity Of Acceptance May 1931

Gifts-Necessity Of Acceptance

Michigan Law Review

The deceased was president of a water company and held stock in it. After his death the widow claimed part of this stock as a gift from her husband. A written assignment of the stock claimed, signed by the deceased, was introduced in the evidence to substantiate her claim. There was also evidence that the deceased had informed others that he had transferred most of his stock to his wife. But there was no proof that the wife knew of the transfer until after the death of her husband. Held, that an unconditional acceptance on the part of the …

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The Rule In Lemayne V. Stanley, Philip Mechem Apr 1931

The Rule In Lemayne V. Stanley, Philip Mechem

Michigan Law Review

In the leading case of Lemayne v. Stanley the testator's will, written by his own hand, began: "In the name of God, Amen, I John Stanley make this my last will and testament * * *" and was otherwise unsigned. The court of common pleas held the will duly signed, "for being written by himself, and his name in the will, it is a sufficient signing within the statute which does not appoint where the will shall be signed, in the top, bottom or margin, and therefore a signing in any part is sufficient."

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Admirality-Jurisdiction-Suit Between Foreigners Apr 1931

Admirality-Jurisdiction-Suit Between Foreigners

Michigan Law Review

Claimant sought to have the libel by the Ford Motor Company of Australia dismissed on the grounds, among others, that the suit was between foreigners and that the assumption of jurisdiction by this court would cause the Canadian ship owner great expense and inconvenience. The court, in denying the motion, held that the expense and inconvenience of trial in this forum would be no greater than in Canada, and that the retention of jurisdiction of admiralty suits between foreigners is within the discretion of the court. The Canadian Commander, 43 F.(2d) 857.

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Conflict Of Laws-Contracts-Married Woman's Capacity Apr 1931

Conflict Of Laws-Contracts-Married Woman's Capacity

Michigan Law Review

Defendant, a married woman, domiciled in Idaho, entered into a guaranty contract in California with the plaintiff. In a bankruptcy proceeding brought against her in the district court for Idaho, she denied the validity of the obligation because it was not within the exceptions in Idaho law to the common law disability of a married woman to contract. Under California law the contract was valid. The agreement stipulated that it should be construed according to California law. Held, the capacity of the defendant to enter into the contract is governed by the law of California, the place where it …

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Constitutional Law-Validity Of The Eighteenth Amendment Apr 1931

Constitutional Law-Validity Of The Eighteenth Amendment

Michigan Law Review

Defendants were indicted for violation of the National Prohibition Act, and on motion to quash they argued that the Eighteenth Amendment under which this statute was enacted conferred new direct powers upon the United States and, within the intent of Article V of the Constitution, could not be properly ratified except by convention. The lower court, on a theory of political interpretation, agreed; indictment quashed. On appeal to the Supreme Court it was held, that the Eighteenth Amendment was lawfully ratified by a method clearly and unequivocally left to the election of Congress. United States v. Sprague, U. …

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Nuisance-Effect Of Failure To Do Everything Practicable To Prevent Apr 1931

Nuisance-Effect Of Failure To Do Everything Practicable To Prevent

Michigan Law Review

The defendant's galvanizing plant emitted noxious fumes, causing a noticeable odor on the premises of the plaintiff. Held, the defendant was maintaining a nuisance. Its failure to do everything "commercially practicable" to prevent the condition was an important factor in determining whether or not a nuisance existed. De Blois v. Bowers, 44 F.(2d) 621.

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Review: Saving Taxes In Drafting Wills And Trusts, E. B. Stason Apr 1931

Review: Saving Taxes In Drafting Wills And Trusts, E. B. Stason

Michigan Law Review

A Review of: SAVING TAXES IN DRAFTING WILLS AND TRUSTS By Joseph J. Robinson.

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Wills-Gifts To Named Beneficiaries And To A Class-Per Stirpes Or Per Capita Apr 1931

Wills-Gifts To Named Beneficiaries And To A Class-Per Stirpes Or Per Capita

Michigan Law Review

Action by an executor for the construction of a will in which the testator had given a gift to certain of his children, naming them, and to two sets of grandchildren one of which was the offspring of a child, deceased at the time of the execution of the will. The gift provided that they were to participate "share and share alike." In two subsequent clauses of the will the testator provided for trustees to take care of the "portion" left to the grandchildren. The court held, that a sufficient intent was shown so as to justify a distribution …

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Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper Apr 1931

Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper

Michigan Law Review

In Pemberton v. Hughes the action was brought in England, by one Sarah E. Pemberton claiming to be the widow of Francis Alexander Pemberton, for certain property rights incident to widowhood. Whether plaintiff was the widow of Pemberton depended upon the validity of their alleged marriage, which in tum depended upon the validity of a Florida divorce of the lady from a former husband. In the divorce action in question, service of summons had been made upon the present plaintiff one day less than the statutory period before appearance. Under the law of Florida, such a defective service rendered the …

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Recognition Cases In American Courts, 1923-1930, John S. Tennant Apr 1931

Recognition Cases In American Courts, 1923-1930, John S. Tennant

Michigan Law Review

Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …

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Succession By Murderer-Applicability Of Constructive Trust Apr 1931

Succession By Murderer-Applicability Of Constructive Trust

Michigan Law Review

There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …

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Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied Apr 1931

Suretyship-Right Of Surety To Subrogation When Creditor's Claim Not Fully Satisfied

Michigan Law Review

It may be stated as a general proposition that a surety is not entitled to subrogation until the creditor has been paid in full, and that until such time as the creditor has been completely satisfied, the right to be subrogated remains inchoate, as it was when the suretyship contract was made. A reason frequently advanced for this rule is that to allow the surety to have subrogation at once would create a hardship on the creditor. In fact, in the case of Motley v. Harris, the court permitted the surety to be subrogated to dividends of the insolvent …

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Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample Apr 1931

Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample

Michigan Law Review

Given a devise of a life estate plus an absolute power to dispose of the fee, but with a remainder over, on the death of the life tenant, of what then remains undisposed of, does the first taker have a fee or merely a life estate coupled with a power of disposal? In the past, Michigan has been numbered with a small minority of states giving the first taker a fee in this situation, but in the recent case of Quarton v. Barton a contrary result was reached.

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