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Articles 9721 - 9750 of 11192
Full-Text Articles in Law
Libel And Slander-Fair Comment
Libel And Slander-Fair Comment
Michigan Law Review
The plaintiff sued the defendant publisher for an alleged malicious attack on him as the coach of the local high school football team. The newspaper article in question, after reciting several defeats suffered by the local aggregation, declared that the players were not well versed in the fundamentals of the game, that the system of plays furnished them was exceedingly antiquated, and that their latent ability had not been brought out by proper coaching. Held, judgment of non-suit reversed, as the plaintiff can recover on proof of express malice. Hoeppner v. Dunkirk Printing Co. (N. Y. 1930) 172 N.E. …
Mortgages-Foreclosure-Default In Interest
Mortgages-Foreclosure-Default In Interest
Michigan Law Review
Plaintiff was a mortgagee of certain real property. A clause in the mortgage provided that the whole amount should become due after default for twenty days in the payment of any installment of interest. Through an arithmetical error of its clerk, the defendant corporation, owner of the equity of redemption, paid $401.87 less than the amount of interest due on one installment. The total interest due was $4621.56. The clerk discovered the error and notified the mortgagee that it would be corrected as soon as the president of the corporation, who alone was authorized to sign checks, returned from Europe. …
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Michigan Law Review
The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.
Negligence-"Last Clear Chance" Doctrine
Negligence-"Last Clear Chance" Doctrine
Michigan Law Review
ln an action for damages by a negligent driver oi a motorcycle against a negligent driver of an automobile for injuries sustained in a collision between them, the instructions to the jury were that the plaintiff could recover, "if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the plaintiff's negligence." Held, the instructions are erroneous in omitting the essential element of the last clear chance doctrine, that the plaintiff's peril must have been known to the defendant in time to have avoided the accident. Graybill v. Clancy …
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Michigan Law Review
Plaintiff agreed to render legal services to defendant in an action to recover a farm, payment to be either $5,000 in cash or one-third of the appraised value of the farm at the time of a judgment in defendant's favor. The defendant recovered, but refused to pay the plaintiffs anything on the ground that the contract was in violation of a Maine statute forbidding prosecution of a suit on shares. Plaintiff sued in assumpsit for the value of services rendered and expenses incurred. Held, the contract was illegal and so no relief of any nature would be granted. Hinckley …
Reformation Of Instruments-Mistake Of Facts Underlying Intention
Reformation Of Instruments-Mistake Of Facts Underlying Intention
Michigan Law Review
A debtor determined to mortgage all his property for the benefit of several creditors. His son, commissioned to draw the instrument, was informed that a note to the plaintiff, indorsed by the debtor, would be taken care of by the party primarily liable. So he intentionally omitted the plaintiff's note from the mortgage executed to the other creditors. The note was never paid. After foreclosure of the mortgage, leaving no surplus, the plaintiff sought reformation of the mortgage so as to be included as mortgagee, claiming that the debtor's intention to secure all bank creditors was not executed through mistake …
Taxation-Jurisdiction To Tax Intangibles-Business Situs
Taxation-Jurisdiction To Tax Intangibles-Business Situs
Michigan Law Review
Decedent died domiciled in Illinois, owning the majority of stock in a South Carolina corporation, and a chose in action for a large sum owed him by the corporation, partly on open account, and partly for dividends declared but unpaid. The executors objected to the inclusion of the chose in an assessment under the South Carolina inheritance tax law, but the South Carolina court refused relief, basing jurisdiction to tax the transfer of the indebtedness, in part, on the ground that this property had acquired a business situs in South Carolina. On certiorari, this decision was reversed by the United …
Trusts-Perpetuities-Trust To Maintain Testator's Grave
Trusts-Perpetuities-Trust To Maintain Testator's Grave
Michigan Law Review
The testator bequeathed $500 in trust, to be used until exhausted in purchasing flowers for his grave three times a year. Held, the trust was non-charitable and invalid as contrary to the rule against perpetuities. Meehan v. Hurley (R. I. 1930) 150 Atl. 819.
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Michigan Law Review
The trustee under the will sued for a construction of a clause providing for a gift to testator's children. The dispute was between the natural children of the testator and an adopted daughter, who claimed under the clause as one of the "children," though a prior clause gave her $1, naming her as testator's adopted daughter. The Rhode Island statute provided that adopted children be deemed for inheritance purposes the same as if natural children. The court held that the adopted daughter did not take with the natural children under the clause in question. Union Trust Co. v. Campi (R. …
Wills-Devise-When Cut Down By Later Clause
Wills-Devise-When Cut Down By Later Clause
Michigan Law Review
Both parties to this ejectment suit relied for title on testatrix's will. By one clause, in general words it gave away all of her property real and personal; by a subsequent clause, all the estate unused or not required for the support of the first taker was given over. Held, that the first taker got only a life estate with power to consume, for the intent of testator is predominant over a statute creating a fee from a general gift. Chesnut v. Chesnut (Pa. 1930) 151 Atl. 339.
Wills-Joint And Mutual-Disposal By Survivor
Wills-Joint And Mutual-Disposal By Survivor
Michigan Law Review
H and W made a joint and mutual will, devising to the survivor a life interest in the joint property with certain absolute remainders over, and containing an agreement not to revoke without mutual consent. W died; her will was proved and H took the income for his life. When he died, a subsequent will was proved with provisions inconsistent with the joint will. Some of the legatees having died after W but before H, the question of distribution was before the court. Held, since H was bound by his agreement not to revoke, he held the property on …
Legislative Principles, Carl H. Manson
Legislative Principles, Carl H. Manson
Michigan Law Review
A review of LEGISLATIVE PRINCIPLES By Robert Luce.
The Case Method Of Studying Law, Henry Rottschaefer
The Case Method Of Studying Law, Henry Rottschaefer
Michigan Law Review
A review of THE CASE METHOD OF STUDYING LAW By Jacob Henry Landman.
What Rights Are Left, Everett S. Brown
What Rights Are Left, Everett S. Brown
Michigan Law Review
A review of WHAT RIGHTS ARE LEFT By Henry Alan Johnston.
The Mixed Courts Of Egypt, Edwin D. Dickinson
The Mixed Courts Of Egypt, Edwin D. Dickinson
Michigan Law Review
A review of THE MIXED COURTS OF EGYPT By Jasper Yeates Brinton.
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Contracts-Right Of A Third Party Beneficiary
Contracts-Right Of A Third Party Beneficiary
Michigan Law Review
Husband and wife agreed with each other to make mutual wills which would leave one-third of the estate of the survivor in equal portions to seven relatives, four of whom were the mother and three sisters of the husband and the remaining three, a niece and two sisters of the wife. After the husband's death the wife made another will, revoking the former one and providing for a different distribution of her property. After her death the mother and three sisters of the deceased husband filed a bill for the specific performance of the contract to make mutual wills. Held …
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904
Suretyship-Discharge Of Guaranty By Payment Of Amount To Which Liability Is Limited
Suretyship-Discharge Of Guaranty By Payment Of Amount To Which Liability Is Limited
Michigan Law Review
Defendant wrote a letter to plaintiff, "Kindly extend credit to A for materials to the amount of $250, and I hereby become security for the same." Relying on this letter, plaintiff for several years sold goods to A. By reason of A's defaults, defendant paid plaintiff $71.80 on one occasion and $197.10 on another. Later, A became indebted to plaintiff to the amount of $464.22 and this action was brought to recover on the guaranty the sum of $250. The court construed the guaranty as a continuing one, but held that that fact did not impose a continuing liability on …
Claims Against The Creditor As Defenses To The Surety, H. W. Arant
Claims Against The Creditor As Defenses To The Surety, H. W. Arant
Michigan Law Review
In the absence of statutory provision, where the surety is sued alone, the generally accepted view is that he can not show the existence of a claim in favor of his principal against the creditor for the purpose of preventing or decreasing the creditor's recovery against him. The view has frequently been applied where the surety, sued alone, sought to set up the creditor's breach of warranty as a defense. It recognizes that such a breach of warranty gives rise to a cause of action against the creditor that belongs solely to the principal debtor. It also recognizes the possibility …
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
Michigan Law Review
The second pivotal decision of the court in construction of the self-incrimination clause is that in Counselman v. Hitchcock, decided in 1892. An advantageous approach to it is furnished by certain earlier state and federal court decisions applying the common law regarding the privilege of witnesses.
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Michigan Law Review
In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …
Divorce - Recrimination As A Defense
Divorce - Recrimination As A Defense
Michigan Law Review
If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …
Receivers-Penalties On Taxes
Michigan Law Review
The recent case of McCormick v. Puritan Coal Mining Co. presents the question whether penalties and interest continue to accrue on delinquent taxes after the date of the appointment of a receiver. The court determined the question in the negative, supporting its decision by authorities which hold that interest does not ordinarily accrue on the debts of an insolvent after the date of the appointment of a receiver. The decision is directly contrary to the established rule that tax penalties and interest continue to accrue, notwithstanding the property has passed into the hands of a receiver.
Aliens-Naturalization-Doctrine Of The Schwimmer Case
Aliens-Naturalization-Doctrine Of The Schwimmer Case
Michigan Law Review
Applicant, a minister's daughter, and a nurse during the world war, refused to take the oath prescribed by the Commissioner of Naturalization, since her religious scruples forbade her personally bearing arms. Another applicant, a professor of divinity at Yale University, and a chaplain in the Canadian army during the war, stated that, in view of religious convictions he was not willing to bear arms, unless in his own opinion war was ,necessary and in the best interests of humanity. The district courts denied both applications. On appeal, the circuit court of appeals for the second circuit reversed both decisions. Held …
Aviation-Trespass-Nuisance
Michigan Law Review
Land-owners sought to enjoin flight over their property as a trespass and nuisance; and to enjoin as a nuisance the use of the adjoining field as a base from which to make such flights. Held, injunction denied because of insufficient evidence of injury. Flight at 500 feet or more was impliedly authorized by the statute forbidding flight lit less than that attitude over buildings or persons. Mass. Acts, 1922, ch. 534, sec. 1 sub-sec. 55. As to occasional flights over unoccupied brush land at a height of about 100 feet in landing or taking off, injunctive relief was denied …
Bills And Notes-Checks-Right Against Drawer-Presentation For Payment Within Reasonable Time
Bills And Notes-Checks-Right Against Drawer-Presentation For Payment Within Reasonable Time
Michigan Law Review
Defendant delivered a check on an Austin bank to the plaintiff at his farm, seven and one-half miles from Austin. On the fourth business day following, plaintiff deposited the check to his account with another Austin bank. Before the latter could collect, the drawee bank failed. From the date of the check to the drawee's failure, defendant had sufficient funds on deposit to pay the check. The plaintiff, on the three business days after receipt of the check, stacked corn fodder. His home was located on a good gravel road leading to Austin; and he owned an automobile. Held, …
Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination
Michigan Law Review
To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …
Constitutional Law-Crimes-Waiver Of Jury
Constitutional Law-Crimes-Waiver Of Jury
Michigan Law Review
The accused, on trial for a felony, was permitted by the trial judge to waive a jury. The trial before the judge alone resulted in an acquittal. The state's attorney petitioned for a writ of mandamus to expunge from the record the orders to dispose of the cause without a jury and for discharge of the accused, on the ground that the court had no jurisdiction to hear and determine the cause. Held, writ of mandamus denied. People ex rel. Swanson v. Fisher (Ill., 1930) 172 N.E. 722.