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Articles 1 - 11 of 11
Full-Text Articles in Law
Bills And Notes, Frank C. Jones
Bills And Notes, Frank C. Jones
Mercer Law Review
The field of Bills and Notes, or Negotiable Instruments, occupied a relatively minor role in the agenda of the Georgia appellate courts during the period chosen for this survey. Of the six cases noted, five are of no lasting interest. The one decision of importance is discussed in detail in the latter part of this paper.
Partnerships-Dissolution-Sufficiency Of Notice To Prior Creditors, Paul M.D. Harrison S.Ed.
Partnerships-Dissolution-Sufficiency Of Notice To Prior Creditors, Paul M.D. Harrison S.Ed.
Michigan Law Review
Plaintiff brought suit on account for merchandise sold and delivered, alleging that the defendants were liable as partners. The defendants admitted that they had dealt with the plaintiff while they were a partnership, but averred that a corporation was formed which took over the partnership and that the merchandise in question had been purchased by the corporation. The trial judge instructed the jury that plaintiff must have notice or knowledge of the dissolution of the partnership to relieve defendants of personal liability, and that mere notice of the formation of the corporation was immaterial. Held, judgment for plaintiff affirmed. …
Robinson-Patman Act--Validity Of Functional Discounts, Charles Myneder S.Ed.
Robinson-Patman Act--Validity Of Functional Discounts, Charles Myneder S.Ed.
Michigan Law Review
The Robinson-Patman Act was an effort by Congress to rid the business community of unfair pricing practices. Since the act did not expressly refer to functional discounts, the continuing legality of their usage was an open question. It is the purpose of this comment to measure the extent to which the trade discount has been affected by the act as interpreted by the Federal Trade Commission and the courts.
Contract: Requirement Contracts And The Doctrine Of Mutuality-Proposed Approach Of The Uniform Commercial Code
Indiana Law Journal
Recent Cases
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Michigan Law Review
The United States sued defendant in two counts for violation of OPA price regulations. The first count asked for an injunction to restrain further violations while the second sought treble damages for past violations. By agreement of the parties the injunction issue was tried first. The trial court found that there had been no violation of price regulations and dismissed the bill. This phase of the case was appealed by the government as a final order. The appeal was dismissed on the ground that the injunction issue had become moot, the particular commodity having been decontrolled in the interim. The …
Interstate V. Intrastate Commerce
Interstate V. Intrastate Commerce
Indiana Law Journal
Recent Cases: Interstate Commerce
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Vanderbilt Law Review
There has been recent discussion of abandoning the literal meaning rule and most of the other rules of statutory construction. A broader principle is favored which will allow the full play of the rational processes of the court. This view has great appeal, and, in terms of freeing judges who apply rules as rules without regard to their object, serves a need. But if it means a sudden release of the judiciary from always starting with a statute as it reads--as it is written--as it has meaning for most of us--it is a harmful suggestion. Law is something more than …
The Proposed New Uniform Sales Act, John Barker Waite
The Proposed New Uniform Sales Act, John Barker Waite
Michigan Law Review
A complete Uniform Commercial Code has been formulated by committees acting under joint auspices of the American Law Institute and the National Conference of Commissioners on Uniform State Laws. While the Code is apparently not yet ready for presentation to state legislatures for enactment, it has been offered to the public for discussion of its merits. Its scope is comprehensive. As now tentatively proposed, it comprises presumably complete statutes covering Sales, Commercial Paper, Letters of Credit, Foreign Banking, Documents of Title, Secured Transactions, Investment Securities. If adopted it would displace the present Uniform Sales Act, the Uniform Negotiable Instruments Act, …
The Conflict Of Laws: A Comparative Study. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel
Michigan Legal Studies Series
Among the multitude of conflicts principles that, according to various claims, should determine the law applicable to all contracts, only two have resisted the test of critical analysis. These, indeed, form an adequate groundwork. First, the freedom of parties to choose the law applicable to their contract must be recognized as a general rule without petty restraint. Second, in the absence of such agreement, a contract should be governed by the law most closely connected with its characteristic feature.
The first proposition is essential to the second. To deny party autonomy means rigid conflicts rules created by some superior authority. …
Fiduciary Duty Owed Creditors By Director Of Insolvent Corporation
Fiduciary Duty Owed Creditors By Director Of Insolvent Corporation
Indiana Law Journal
Recent Cases: Corporations
Purported Lease With Option To Purchase Held To Constitute A Conditional Sale - Beckwith Machinery Co. V. Matthews
Maryland Law Review
No abstract provided.