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Michigan Law Review

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Articles 9751 - 9780 of 11192

Full-Text Articles in Law

Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation Dec 1930

Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation

Michigan Law Review

Plaintiff brought suit in Missouri to enjoin collection of taxes alleged to be discriminatory, basing his claim for equitable relief on the absence of any other remedy. The supreme court of Missouri dismissed the bill, without hearing on the substantive question, on the ground that there existed, under a state statute, an adequate remedy in appeal to the state tax commission. Previously the court had denied, in several cases, that the statute gave such a right, and had allowed equitable relief in one case on that ground. When the decision in the principal case was rendered, it was too late …

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Corporations-Book Value Dec 1930

Corporations-Book Value

Michigan Law Review

A owned 500 shares of preferred stock which was subject to redemption, by the terms of the certificate of incorporation, at, the "book value of the stock as shown by the last annual statement of assets and liabilities of the company submitted to and approved by the board of directors." The board voted to redeem at a price which by reference to the statement was fixed at $323.21 per share. A's bill alleged among other things that this was an artificial and undervalued estimate; that the directors had fraudulently approved the statement for their benefit as common stockholders; that the …

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Corporations-Dissolution-Distribution Of Assets Between Preferred And Common Stockholders Dec 1930

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

Michigan Law Review

The Commonwealth Hotel Construction Co. became insolvent, and, after the creditors had been paid in full, the preferred and common stockholders disagreed to the distribution of the remaining assets. The articles of incorporation provided that the holders of preferred stock should be entitled to dividends at the rate of seven per centum per annum which should be cumulative "so that, if dividends for any past dividend period at the rate of seven per centum per annum shall not have been paid thereon or set apart therefor, the deficiency shall be fully paid or set apart, but without interest, before any …

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Crimes-Reasonable Doubt-Necessity Of Defining-Definition Dec 1930

Crimes-Reasonable Doubt-Necessity Of Defining-Definition

Michigan Law Review

In a criminal case, the defendant requested an instruction defining the term "reasonable doubt." The court refused the request and the defendant excepted. Held, the instruction should have been given. State v. Vukich (Wash. 1930) 290 Pac. 992.

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Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy Dec 1930

Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy

Michigan Law Review

A contracted with B to devise certain lands to B. A conveyed the land to another before his death. B sued C, as executor of the will of A, for damages for A's breach of contract. B's action failed by reason of a plea of the statute of frauds. B then sued C for money expended by him, property delivered, and services rendered in reliance on the alleged contract. Held, B could recover, for the doctrine of election of remedies is no bar unless there are distinct remedies in existence when the action was begun. White v. McKnight (S. …

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Evidence--Physician-Patient Privilege--Express And Implied Waiver Dec 1930

Evidence--Physician-Patient Privilege--Express And Implied Waiver

Michigan Law Review

Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations …

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Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law Dec 1930

Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law

Michigan Law Review

Petitioner married the respondent in Moscow, in 1924, the parties being the domiciled in the Soviet Union. By Soviet law a divorce could be secured upon the registration of both parties of their desire to terminate the marriage, or upon the application of one of them to a court which had no discretion but to dissolve the union. The petitioner filed a bill for separation in England, and an issue was directed in the lower court to determine whether the parties had ever been husband and wife. The court held the marriage invalid, but on appeal it was held the …

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Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son Dec 1930

Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son

Michigan Law Review

Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.

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Parent And Child-Legitimation-Statutory Construction Dec 1930

Parent And Child-Legitimation-Statutory Construction

Michigan Law Review

J W, a resident of Oklahoma, died leaving an estate consisting of property entirely within that state. Plaintiff, an illegitimate child of J W, claimed as heir. Plaintiff was born in Kansas where both her parents were then domiciled. J W while still a resident of Kansas recognized plaintiff as his daughter. Plaintiff claimed that by virtue of this recognition and a Kansas statute allowing illegitimates to inherit from the father whenever he had recognized them as his children, that she had been legitimated in Kansas and was therefore entitled to a share of J W's estate. Held, that …

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Partnership-Dissolution By Death Of Partner Dec 1930

Partnership-Dissolution By Death Of Partner

Michigan Law Review

Suit was brought by holders of certificates of deposit against the defendants as partners in an insolvent private bank. At the trial plaintiffs amended their petition by alleging that though defendants called themselves a partnership, they were in law and fact a joint stock company. But they failed to strike out the first allegation. The articles of agreement provided for a manager and a financing committee and for transferable stock, but transferable only to those whom the committee might admit. Several of the shareholders were deceased previous to the time the liability was incurred by the manager, and the status …

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Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act Dec 1930

Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act

Michigan Law Review

See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.

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Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies Dec 1930

Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies

Michigan Law Review

The plaintiff deposited funds with the defendant, a stock-broker, as security for his margin account. The defendant without authority sold short on the plaintiff's account a large number of shares of stock and threatened to use the plaintiff's deposits to cover the sale unless the plaintiff would authorize a purchase for that purpose. The plaintiff under protest authorized the defendant to purchase the stock, which in the meanwhile had increased in value. The plaintiff then brought suit to recover the difference between the sale and the re-purchase prices plus the defendant's commissions and transfer taxes. Held, on demurrer that …

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Quasi-Contracts--Duress--Tort Action For Dec 1930

Quasi-Contracts--Duress--Tort Action For

Michigan Law Review

The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.

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Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue Dec 1930

Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue

Michigan Law Review

Plaintiff was injured while she was a passenger in a taxicab as a result of a collision of the cab with a motor truck. After starting a suit against the taxicab company, plaintiff signed a written agreement, whereby, in consideration of the payment to the plaintiff of $1,032.40 by the cab company, plaintiff agreed not to prosecute any suit pending, nor to file any suit against the cab company for any damage growing out of the collision, and to pay all costs in the said pending suit. The agreement also declared that the promise of the plaintiff should in no …

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Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party Dec 1930

Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party

Michigan Law Review

The plaintiff's son borrowed the plaintiff's automobile for an evening's pleasure trip in which the plaintiff had no interest. While on this trip, the automobile was damaged as a result of the negligence of the defendant and the driver of the plaintiff's automobile. Held, the relation of the plaintiff to his son was that of bailor and bailee, but that the negligence of the bailee could not be imputed to the bailor so as to bar recovery for the damage to the automobile in an action against the negligent defendant. Robinson v. Waffen (Me. 1930) 151 Atl. 10.

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Venue--Waiver Of Objection In Federal Courts Dec 1930

Venue--Waiver Of Objection In Federal Courts

Michigan Law Review

The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et …

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Wills-Loose Sheets As A Will Dec 1930

Wills-Loose Sheets As A Will

Michigan Law Review

Testatrix's will contained twenty-eight sheets of correspondence paper, each complete in itself and not physically bound together. When presented for probate, the last sheet held only an attestation clause and the signatures of testatrix and witnesses; each of the others was, signed by testatrix; and the whole group were consecutively numbered. The attesting witnesses, employed at the bank with which testatrix did business, identified the writing on all twenty-eight sheets as that of testatrix, but could not say that these very sheets were present when the last was executed. They testified there was a bundle of similar sheets, and one …

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Witnesses-Refreshing Memory-Past Recollection Dec 1930

Witnesses-Refreshing Memory-Past Recollection

Michigan Law Review

Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …

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The Book Of English Law Dec 1930

The Book Of English Law

Michigan Law Review

A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.

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Cases On International Law, Hector G. Spaulding Dec 1930

Cases On International Law, Hector G. Spaulding

Michigan Law Review

A Review of CASES ON INTERNATIONAL LAW By Manley O. Hudson.

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The Laws And Liberties Of Massachusetts, Randolph G. Adams Dec 1930

The Laws And Liberties Of Massachusetts, Randolph G. Adams

Michigan Law Review

A Review of THE LAWS AND LIBERTIES OF MASSACHUSETTS reprinted from the copy of the 1648 edition in the Henry E. Huntington Library, with an Introduction by Max Farrand.

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Probate Law Directory Dec 1930

Probate Law Directory

Michigan Law Review

A Review of PROBATE LAW DIRECTORY By J. C. Fisher.

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The Money Value Of A Man Dec 1930

The Money Value Of A Man

Michigan Law Review

A Review of THE MONEY VALUE OF A MAN By Louis I. Dublin and Alfred J. Lotka.

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Automobile Insurance Dec 1930

Automobile Insurance

Michigan Law Review

A Review of AUTOMOBILE INSURANCE By Charles A. Sunderlin.

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Bankruptcy-Voluntary Petition By Incompetent On Court Order Dec 1930

Bankruptcy-Voluntary Petition By Incompetent On Court Order

Michigan Law Review

A state court adjudged B to be insane, committed him to an asylum, appointed G as guardian of his estate, and later authorized G to file a voluntary petition in bankruptcy on behalf of B. Such a petition was filed by G, the schedule of liabilities showing debts contracted before B was adjudicated insane. The federal district court adjudicated B a bankrupt and appointed a trustee in bankruptcy, who sued C to recover an alleged preference paid to C by B. C then sought to set aside the adjudication of bankruptcy on the ground that an insane person could not …

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Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile Dec 1930

Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile

Michigan Law Review

After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.

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Torts-Inducing Breach Of Contract Dec 1930

Torts-Inducing Breach Of Contract

Michigan Law Review

A contracted to build a dwelling for B, a negro. C, learning that A was building the structure for B, called on B and gave B to understand that the neighborhood would not permit B to use the building after completion. There were no direct threats, nor was there any violence, nor was B requested to cancel the contract. A sues C for inducing the breach which follows C's conversation with B. Held, A was entitled to damages even though C bore no malice toward A and did not intend to cause damage to A. Carson v. Stephens (La. …

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Cooperative Associations And The Public, John Hanna Dec 1930

Cooperative Associations And The Public, John Hanna

Michigan Law Review

The American Institute of Cooperation at its first summer meeting in Philadelphia in 1925, devoted many hours to a consideration of the definition of agricultural cooperation. Even at that time cooperative associations had been described, if not defined, by federal legislation. The Bureau of Internal Revenue, the War Finance Corporation and the Intermediate Credit Banks, had also been compelled on numerous occasions to decide whether or not a particular association was entitled to the privileges accorded cooperatives. A determination of the nature of a cooperative was implied in the standard marketing acts adopted in nearly all of the American states. …

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Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case Dec 1930

Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case

Michigan Law Review

The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …

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Bills And Notes -- Principal And Agent--Payment To Agent Of Drawer Upon Indorsement Forged By The Agent Dec 1930

Bills And Notes -- Principal And Agent--Payment To Agent Of Drawer Upon Indorsement Forged By The Agent

Michigan Law Review

A was an agent of P for the purpose of securing applications for loans and disbursing the money to the borrowers. The custom was for P, after approving the application, to send to A a check drawn on D bank, payable to the joint order of A and the borrower. It was also the custom for A, in following out the course of dealing outlined by P, to secure the borrower's indorsement, add his own, deposit the check to an agency account in X bank, and then pay out the money to the borrower by personal checks on his agency …

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