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Full-Text Articles in Law
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
Michigan Law Review
Plaintiff, a Wisconsin labor union, was granted a temporary injunction restraining defendant shoe company, a party to the President's Re-employment Agreement, from "further interference with the right of its employes to organize into unions of their own free will and choice" and from "interfering with . . . the freedom of its employes in the designation of representatives of their own choice for the purpose of bargaining collectively" with the company. The court decided that defendant had violated its agreement with the President to comply with section 7 (a) of the National Industrial Recovery Act. This last was based on …
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Michigan Law Review
Through the negligence of the chief engineer in putting new coal on top of old coal in a temporary bunker the steamship Galileo was rendered unseaworthy at the time the voyage commenced, catching fire and sinking. The cargo was lost. The plaintiff, cargo owner, sued the owner-operator or the ship in the federal District Court for southern New York for breach of contract to deliver at destination. On certiorari to the Circuit Court of Appeals the Supreme Court held, in affirming the decree dismissing the libel, that the defendant was relieved from liability under the federal fire statute which …
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Michigan Law Review
The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Michigan Law Review
There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.
Contributory Negligence-Stop, Look, And Listen Rule In Federal And Indiana Courts
Contributory Negligence-Stop, Look, And Listen Rule In Federal And Indiana Courts
Indiana Law Journal
No abstract provided.
Banks And Banking - Holder Of Draft Paid For By Check On Issuing Bank As Preferred Upon Drawer's Insolvency
Michigan Law Review
A depositor received from his bank in exchange for his check a New York draft drawn by the bank payable to a third person. The draft was dishonored because of the insolvency and closing of drawer. After redemption of the draft the depositor sought to establish a preferred claim therefor against the bank's assets. An Ohio statute declared that when there remains unpaid at the time the bank is closed a check drawn by a depositor which has been presented to the drawee bank "for collection and payment," charged to the depositor's account, and a draft issued in payment thereof, …
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …
Banks And Banking - Deposit Of Trust Funds In Individual Account Of Trustee - Liability Of Depositary
Michigan Law Review
Committee for an incompetent was directed, by the court order appointing him, to deposit in X bank all funds which might come into his possession. In violation of this order he deposited checks payable to himself as committee in his individual account in the defendant bank. Plaintiff, as substituted committee, sued the depositary for alleged diversions by the original committee, on the theory that the defendant aided the diversions by accepting the deposit of trust funds in the individual account of the committee. Held, under the rule of Bischoff v. Yorkville Bank defendant bank is not liable for the …
Corporations - Conversion Of Corporate Stock
Corporations - Conversion Of Corporate Stock
Michigan Law Review
The defendant acquired in good faith certain stock certificates, each bearing an indorsement purporting to be that of the plaintiff. The certificates had been stolen from the plaintiff and the indorsements were forged. Upon learning that these certificates were in the possession of the defendant the plaintiff demanded their return, which was refused without qualification. The plaintiff then brought an action of trover to recover as damages the value of the stock. The Appellate Division limited the recovery to damages incurred by way of expenses, profits lost, or otherwise, flowing from the wrongful detention of the certificates as distinguished from …
Housing Legislation And Housing Policy In The United States, Ernest M. Fisher
Housing Legislation And Housing Policy In The United States, Ernest M. Fisher
Michigan Law Review
Passage by Congress of the "Emergency Relief and Construction Act of 1932" just prior to adjournment in July has served to arouse widespread hope for a revival of the construction industry as a whole, and especially those activities of the industry that are bent upon producing new housing facilities. One of the provisions of the Act authorized the Reconstruction Finance Corporation to "make loans to corporations, formed wholly for the purpose of providing housing for families of low incomes, or for reconstruction of slum areas, which are regulated by state or municipal law as to rents, charges, capital structure, rate …