Agency Commons^™

Agency -- 1954 Tennessee Survey, Merton L. Ferson

Vanderbilt Law Review

Scope of Employment: In the case of McKinnon v. Michaud,- it appeared that Mrs. McKinnon was in the business of distributing petroleum products wholesale. Her servant, Nickson, made delivery of gasoline to a service station, put the nozzle from his truck into the retailer's tank and then carelessly allowed the tank to overflow. Nickson then enhanced the danger by throwing water on the gasoline with the result that it splashed onto an open stove and caused an extensive fire that damaged the plaintiff. Mrs. McKinnon was held liable. The court did not decide whether Nickson's act of throwing water on …

Book Reviews, Walter P. Armstrong Jr., Robert A. Pascal

Vanderbilt Law Review

Bender's Federal Practice Forms By Louis R. Frumer Albany: Matthew Bender & Company, 1951-53, 4 Vols.(1 to follow), $85.00

reviewer: Walter P. Armstrong, Jr.

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Principles of Agency By Merton Ferson Brooklyn: The FoundationPress, 1954. Pp. xx, 490

reviewer: Robert A. Pascal

Agency--Liability Of Employer For Acts Of Independent Contractor, C. B. F.

West Virginia Law Review

No abstract provided.

Liability Of Master To Guest In Salesman's Automobile - Wood V. H. W. Gossard Co.

Maryland Law Review

No abstract provided.

Agency, Merton Ferson

Vanderbilt Law Review

The facts in Dickson v. Blacker were these: Dickson operated a filling station in Memphis and, along with it, a parking lot situated one and one-half blocks from the filling station. Blacker left his automobile at the filling station for storage, and it was taken to the parking lot. An employee of Dickson was sent to the parking lot to get the car. The employee, without permission, drove the car away and wrecked it six blocks from the filling station. Blacker, the owner of the car, was allowed to recover from Dickson, the owner of the filling station parking lot.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative

Agency To Make Warranties, Merton Ferson

Vanderbilt Law Review

What are warranties? How are they created? And, particularly, what kind of authority or employment will enable one person to make a warranty that will be binding on another person?

Let us first look at warranties broadly and note their function. When a sale is being made there is commonly a risk of some defect in the thing sold. And in connection with other kinds of transactions there is frequently a risk of loss that will occur if a certain fact exists or comes to pass. There is, for example, a risk that the horse being sold js not sound; …

The Tennessee Statutory Presumption Of Agency By The Operation Of A Motor Vehicle, Eugene N. Collins

Vanderbilt Law Review

In cases involving the negligent operation of a vehicle by a person not the owner plaintiffs have experienced extreme difficulty in proving that a master-servant relationship existed between the driver and the owner at the time of the accident so as to render the owner liable under the doctrine of respondeat superior.' It is frequently of the utmost importance to a plaintiff to prove that this relationship did exist, because in a large number of cases it is the owner of the vehicle, not the driver, who is financially responsible. A large majority of the courts came to recognize the …

Scope Of Employment Extended To Sponsored Recreation

Indiana Law Journal

Recent Cases: Agency

Election Between Undisclosed Principal And Agent

Indiana Law Journal

Recent Cases: Agency

Agency To Make Representations, Merton Ferson

Vanderbilt Law Review

Representations, commands, threats and other utterances are a species of acts and may have legal consequences. An utterance may, for example, constitute fraud, negligence, slander or intimidation. The person who speaks is responsible and it may be that another person, in whose behalf the utterance was made, also is responsible. This discussion has to do with the question of what must be shown to establish the ability' of one person to speak in behalf of another, and thus to make the other liable for the legal consequences.

Agency - Assault In The Course Of Employment (Baskett V. Banks, 1947), Ira B. Dworkin

William and Mary Review of Virginia Law

No abstract provided.

Tennessee Judicial Highlights, Journal Staff

Vanderbilt Law Review

CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED

Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?

Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.

Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.

Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.

Elliott v. Fuqua, …

Evidence--Admissibility Of Statements By An Alleged Agent Involved In An Accident To Establish Agency, George Muehlenkamp

Kentucky Law Journal

No abstract provided.

Constructive Trusts--Duty Of Agent To Reconvey Land Purchased For Principal--Statute Of Frauds, M. S. K.

West Virginia Law Review

No abstract provided.

Commandeered Servant Not In The Scope Of Employment

Indiana Law Journal

Notes and Comments: Agency

Agency-Right Of Principal Giving Property To Agent For Illegal Purpose To Recover From Third Party For Conversion Of That Property [Flegenheimer V. Brogan, N. Y. 1940]

Washington and Lee Law Review

No abstract provided.

Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry

Kentucky Law Journal

No abstract provided.

West Virginia Annotations To The Restatement Of The Law Of Agency, Lawrence R. Lynch

West Virginia Law Review

No abstract provided.

Revocability Of Agent's Authority Where Principal Has Contracted Not To Revoke Within A Certain Period - Piper Et Al. V. Wells

Maryland Law Review

No abstract provided.

Agency-Master And Servant-Term Of Contract When No Definite Time Is Specified

Indiana Law Journal

No abstract provided.

Insurance--False Statements In Application For Life Policy As Defense To Liability--Duty Of Company's Agent To Record Correctly Applicant's Answers

West Virginia Law Review

No abstract provided.

Agency--Distinction Between "Within The Course Of Employment" And "Within The Scope Of Employment", Howard H. Whitehead

Kentucky Law Journal

No abstract provided.

Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Agency, General And Special--A Further Study: Part Iii, Basil H. Pollitt

Kentucky Law Journal

No abstract provided.

Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder

West Virginia Law Review

No abstract provided.

Principal And Agent--Accounting For Personal Profits Made By Agent Withholding Information From Principal, August W. Petroplus

West Virginia Law Review

No abstract provided.

Agency--A "Conclusive" Test Of Agency Relation In West Virginia, August W. Petroplus

West Virginia Law Review

No abstract provided.

Judicial Technique In Using The Agency Relation, Thomas P. Hardman

West Virginia Law Review

No abstract provided.