Agency Commons^™

Master And Servant-Tests Of Independent Contract

Michigan Law Review

The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's …

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 …

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 …

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.

Reformation-Trusts-Stranger To The Instrument

Michigan Law Review

Defendant was an agent with authority to purchase land for his principal, the plaintiff, and to take options in his own name. Instead, he took contract title in his own name. Plaintiff furnished the entire consideration. In a suit in which the vendor was joined as plaintiff, held, that the land contract be reformed by inserting the name of the plaintiff as purchaser. Goss v. McKinney (Mich. 1930) 229 N.W. 450.

Vicarious Liability And The Family Automobile, Norman D. Lattin

Michigan Law Review

The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly

Michigan Law Review

The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

War Crimes, Elbridge Colby

Michigan Law Review

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …

Book Reviews

Michigan Law Review

A list of books received by Michigan Law Review

Caveat Emptor And The Judicial Process, John B. Waite

Articles

"There are many issues in the law whose solution has an essentially economic cost. There is one issue in particular, however, of immense and most important economic effect, which has been decided and re-decided, but which, strangely enough, the courts never seem to have considered on the merits of its economic relations and effects....

"...[O]ught one to be permitted safely, if honestly, to intrust possession of goods to others; or should one have power safely, if honestly, to buy goods from those in possession...."

Cases On Principal And Agent And Master And Servant Selected From Decisions Of English And American Courts, Edwin C. Goddard

Books

“In the first edition of this work no effort was made to cover the subject of Master and Servant. The exigencies of the law school curriculum, if not the unity of the subjects, seem to require that Principal and Agent and Master and Servant be treated in a single course. Historically the subject of Agency grew out of the much earlier developed subject of Master and Servant. Blackstone did not use the term ‘agent’ in reference to the agency relation, nor does he recognize the subject of Agency apart from that of Master and Servant, and there only in a …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Matrimonial Property And The Conflict Of Laws, Herbert F. Goodrich

Articles

"This discussion forms the basis of a chapter in a text book on conflict of laws in preparation by the writer for The West Publishing Co., and appears with the permission of the publishers."-- Footnote

Fraudulent Bills Of Lading, Merton L. Ferson

Michigan Law Review

Station agents, without receiving goods, have frequently signed bills of lading purporting to bind their company. When a bill of lading thus issued has been transferred to an innocent purchaser for value, the question arises whether such person may recover against the carrier company. The question is obviously one of the .agent's ability to bind his employer.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …

Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross

Michigan Law Review

The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler

Michigan Law Review

A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Cases On Principal And Agent, Selected From Decisions Of English And American Courts, Edwin C. Goddard

Books

It is a striking proof of the fact that Agency is a modern subject in the law that Blackstone, in his Commentaries on the Laws of England, does not mention the subject by name, and barely makes a four-line reference to one sort of agent in his classification of servants. The old ca~es do, of course, sometimes deal with pure agency questions, but the agent is usually referred to as a servant or a factor, and the questions in issue are generally settled upon some principle of the law of Master and Servant. Agency is essentially a business- relation; hence …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Meechem

Michigan Law Review

What Here Involved. In a previous article the question of the liability of a principal or master for the wilful or malicious acts of his servant or agent, was considered. It is proposed here to consider the liability of a principal or master for the penal or criminal acts of his agent or servant. This will involve two aspects: (a) The civil liability of the principal or master, and (b) His penal or criminal liability.

Some Unscheduled Liabilities Of Trust Companies, Henry M. Bates

Articles

"The modern trust company, with its varied and highly developed functions, is a characteristic product of our present complex civilization... The trust company, as some one has said, has become the corporation's corporation, a sort of super-corporation.... The question then naturally arises, is there any law peculiar to trust companies?"

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Fiduciary Relation--Right of Principal to Agent's Acquisitions--Patents for Agent's Inventions; Bankruptcy--Insurance Policies as Assets; Carriers--Duty Toward Alighting Passenger; Commerce--Conflicting State and Federal Regulation; Constitutional law--Restrictive Labor Laws for Women; Contributory Negligence--Children; Conveyancing--Covenants--Construction of "Business" in Restrictive Covenant; corporations--Director's Meetings--Effect of Surprise, Trick, or Fraud in Securing a Quorum; Corporations--Eleemosynary--Liability of Educational Institution for Torts; Corporations--Fraudulent Organization--Corporation a Nullity; Criminal Law--Wife Abandonment--Proper Venue; Damages--Breach of Contract--Value of Unmatured Crops; Damages--Master and Servant--Wrongful Discharge of Servant; Dedication--requisites, Sufficiency and Acceptance; Deeds--Rule in Shelley's Case; Equity--Temporary Injunction--Function and Effect; Garnishment--Possession of Garnishee--Safety Deposit Box; Husband and Wife--Power of Wife to Dispose of Her …