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Michigan Law Review

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Articles 9631 - 9660 of 11192

Full-Text Articles in Law

Trusts - Cancellation - Beneficiaries As Necessary Parties Mar 1931

Trusts - Cancellation - Beneficiaries As Necessary Parties

Michigan Law Review

The plaintiff deeded property to the defendants in trust, for herself for life and on her death to certain named persons. Plaintiff sued the defendants alone for revocation on the ground of fraud and duress. Held, the issue of fraud could not be tried in the absence of the living cestuis. McKnight v. Bank of N. Y. & Trust Co., 254 N. Y. 417, 173 N.E. 568.

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Trusts-Gift Direct To Unincorporated Society-Charities Mar 1931

Trusts-Gift Direct To Unincorporated Society-Charities

Michigan Law Review

In a suit by the personal representative of testator to determine who, if anyone, took under a gift in the will of testator's entire property to the Roman Catholic Church, for the use thereof, the court held that it was a good charitable gift to the "institution which ministers religion and gives spiritual · edification to members of the Roman Catholic Church, for those purposes." In re Schoales, [1930] 2 Ch. 75.

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Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black Mar 1931

Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black

Michigan Law Review

A Review of THE PUBLIC AND ITS GOVERNMENT By Professor Felix Frankfurter.

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Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood Mar 1931

Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood

Michigan Law Review

A Review of THE LAW OF INSANITY. By George A. Smoot

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Review: Criminology. By Fred E. Haynes, Arthur Evans Wood Mar 1931

Review: Criminology. By Fred E. Haynes, Arthur Evans Wood

Michigan Law Review

A Review of CRIMINOLOGY. By Fred E. Haynes

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Review: The International Mandates. By Aaron M. Margalith, Quincy Wright Mar 1931

Review: The International Mandates. By Aaron M. Margalith, Quincy Wright

Michigan Law Review

A Review of THE INTERNATIONAL MANDATES. By Aaron M. Margalith

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Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black Mar 1931

Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black

Michigan Law Review

A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin

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Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown Mar 1931

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.

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Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook Mar 1931

Review: Handbook Of The Law And Practics Of Bankruptcy. Second Edition. By Henry Campbell Black., Evans Holbrook

Michigan Law Review

A Review of HANDBOOK OF THE LAW AND PRACTICS OF BANKRUPTCY. Second Edition. By Henry Campbell Black.

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Corporations-Subsidiary's Evasion Of Income Tax Law By Contract With Parent Company-Income Attributable To Business Transacted Within The State Mar 1931

Corporations-Subsidiary's Evasion Of Income Tax Law By Contract With Parent Company-Income Attributable To Business Transacted Within The State

Michigan Law Review

The Palmolive company sought to reduce to a minimum the amount of its income taxable in Wisconsin. Three companies were formed which, for convenience' sake, will be designated as: parent company, a Delaware corporation; plaintiff company, a Delaware corporation; and Wisconsin company, a Wisconsin corporation. The parent company acquired all the capital stock of the Wisconsin company, and then acquired all its assets outside the state of Wisconsin, surrendering therefor part of the stock of the Wisconsin company so acquired. The balance of the capital stock of the Wisconsin company the parent company transferred to plaintiff company in exchange for …

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The New Michigan Court Rules, Edson R. Sunderland Mar 1931

The New Michigan Court Rules, Edson R. Sunderland

Michigan Law Review

There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.

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Admiralty-Jurisdiction-Workmen's Compensation Mar 1931

Admiralty-Jurisdiction-Workmen's Compensation

Michigan Law Review

The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …

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Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

Constitutional Law-Due Process-Reasonableness Of Police Regulation

Michigan Law Review

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …

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Contempt-Punishment Of One Not A Party To An Injunction Mar 1931

Contempt-Punishment Of One Not A Party To An Injunction

Michigan Law Review

The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …

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Corporations-Tax Upon Extension Or Renewal Of Corporate Term Mar 1931

Corporations-Tax Upon Extension Or Renewal Of Corporate Term

Michigan Law Review

Plaintiff, its period of corporate existence expiring in May, 1929, proceeded to extend its life, as provided by law, for another 30 years. The general corporation statute required a corporation, upon filing its annual report, to pay a privilege fee for exercising its franchises. It provided, however, that if the corporation was organized in the instant year between January 1 and August 31, it need pay only a filing fee and a privilege fee of ten dollars. By amendment in 1929, it was declared that a corporation seeking extension of corporate existence "should be regarded as a new corporation for …

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Master And Servant-Liability For Acts Of Apparent Agent Or Servant Mar 1931

Master And Servant-Liability For Acts Of Apparent Agent Or Servant

Michigan Law Review

Plaintiff received bums as a result of the negligence of the operator of a beauty parlor located in defendant's department store. The operations of the beauty parlor were advertised over the name of the defendant, and the shop was, to all appearances, a part of the defendant's store; defendant claimed, however, that the beauty shop was operated by an independent owner. Held, that the plaintiff had a right to rely on the defendant's representations that the shop was one of its departments, hence, that a verdict for the plaintiff should not be disturbed. Fields' Inc. v. Evans (Ohio App. …

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Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact Mar 1931

Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact

Michigan Law Review

The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …

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Perpetuities-Payment Of Corpus When Youngest Grandchild Reaches 25-Vested Or Contingent Mar 1931

Perpetuities-Payment Of Corpus When Youngest Grandchild Reaches 25-Vested Or Contingent

Michigan Law Review

T devised all real and personal property to wife and daughter with right to use income for life; portion remaining on their death in trust until youngest grandchild should reach 25, when any than living should receive the corpus; in default of such residue, to pass to others named. There was one grandchild living at T's death. Held, no violation of the rule against perpetuities, for grandchildren would take vested remainders. Endsley v. Hagey (Pa. 1930) 151 Atl. 799.

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Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties Mar 1931

Torts-Negligent Misrepresentation-Duty Arising From Contract To Persons Not Parties

Michigan Law Review

The defendants, accountants, examined the books of the Stern Co., knowing that their balance sheet and 32 certified copies would be exhibited as a basis for future credit, but not knowing of the plaintiff particularly. Through negligence they failed to discover and report insolvency. Relying upon the report showing a solvent concern plaintiff extended credit to the Stem Co. He sued for his loss in two counts, negligence and fraud. Held, defendants had no duty to plaintiff to exercise due care, so he can not recover for negligence in the examination. But defendants might be liable for fraud as …

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Wills-Legacy On Condition Precedent Impossible Due To Operation Of Law Mar 1931

Wills-Legacy On Condition Precedent Impossible Due To Operation Of Law

Michigan Law Review

Action was brought to determine the rights of a legatee under a will executed in 1928 creating a trust fund for the legatee, son, upon the condition that he pursue successfully a suit instituted by the testator in Chancery in 1922 to establish his claim as a tenant in fee tail to a certain piece of property. The Law of Property Act, passed in 1925, precluded. the right to such suit, thus rendering the condition impossible prior to its creation. Held, where a testator makes a gift of personalty subject to a condition precedent, the fulfillment of which is …

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Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality Feb 1931

Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality

Michigan Law Review

This action was brought to compel the defendant to operate in Decatur about a mile of its interurban system at an admittedly confiscatory rate. Defendant's predecessor, chartered by the Georgia legislature to acquire and operate street railways, contracted with plaintiff, in return for permission to remove one Decatur line, to operate the line involved and never charge more than a five-cent fare. The cost of service, aside from compensation to capital, exceeded the revenue. With a paving assessment imminent, the carrier offered to surrender its permit to operate, and notified plaintiff that it would discontinue service. The city refused to …

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Constitutional Law-Action For Personal Injury As Property Feb 1931

Constitutional Law-Action For Personal Injury As Property

Michigan Law Review

In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …

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The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley Feb 1931

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …

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Pleading-Limitations Of Actions Feb 1931

Pleading-Limitations Of Actions

Michigan Law Review

The plaintiff's complaint, both as to the action for breach of warranty in the sale of condensed milk, and for a running account between October 17, 1917, and March 20, 1920, was drawn up in such a manner that in so far as the facts alleged in the complaint were concerned, the causes of action might have accrued. more than six years before this suit was started, that is, while it did not appear on the face of the complaint that the causes of action accrued more than six years prior to the bringing of this suit, yet, from all …

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Sales-Purchase In Good Faith-Effect Feb 1931

Sales-Purchase In Good Faith-Effect

Michigan Law Review

The defendant put an automobile sales company in possession of several used automobiles, the sales company to exhibit them and obtain offers for them, but to sell only on written order from the defendant. The sales company sold an auto to the plaintiff without such written order. Held, that the plaintiff had good title, the requirement of a written order as a prerequisite to the power to sell being a secret instruction not binding on an innocent purchaser for value. Simons v. Northeastern Finance Corp. (Mass. 1930) 171 N.E. 643.

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Sales-Conditional-Resale By Seller Feb 1931

Sales-Conditional-Resale By Seller

Michigan Law Review

Plaintiff bought a truck under a conditional sales contract. Defendant, as assignee of the vendor, retook possession of the truck when plaintiff defaulted in his payments and undertook by sale of the truck to foreclose plaintiff's rights therein. The Uniform Conditional Sales Act, in force in the jurisdiction, provided for a compulsory resale at public auction by the retaking seller. He was required to give notice of the sale by registered letter to the buyer, by newspaper advertisement, and by three notices posted in public places. Defendant failed to post the three notices. Plaintiff then brought suit for conversion and …

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Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger Feb 1931

Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger

Michigan Law Review

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.

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Some Inadequacies In The Law Of Arrest, John Barker Waite Feb 1931

Some Inadequacies In The Law Of Arrest, John Barker Waite

Michigan Law Review

Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?

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Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law Feb 1931

Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law

Michigan Law Review

A Michigan case, decided December 3, 1929, presents an interesting problem concerning the status of equity jurisdiction when the relief at law is adjudged adequate. Plaintiff and defendant owned adjoining lots, and disagreed as to the location of the true boundary line between them. Plaintiff was in possession of the disputed strip. Defendant started an ejectment suit, whereupon plaintiff brought a bill in equity to enjoin defendant's suit at law and to have title decreed to be in himself. Defendant answered denying that there was any equity in the bill, and moved to dismiss. Later counsel agreed that the entire …

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Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process. Feb 1931

Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.

Michigan Law Review

When buildings, which are part of the subject matter of an executory contract for the sale of land, are accidentally destroyed by fire, there immediately arises the question of who, as between the vendor and the purchase, shall bear the loss. The majority of courts in this country place it on the purchaser. This was the result reached in the leading English case of Paine v. Meller and has been adopted in the following states: California, Indiana, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota and West Virginia. …

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