Agency Commons^™

Responsibilities In The Transfer Of Stock, Francis T. Christy

Michigan Law Review

During the past few years there have been increasing efforts on the part of a number of organized groups to establish statutory definitions of the responsibilities of corporations and their transfer agents in the transfer of stock. Among these groups are the Commission on Uniform State Laws, which sponsored the Uniform Fiduciaries Act, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, which have jointly produced the new Uniform Commercial Code, the Committee on Simplification of Security Transfers of the Real Property, Probate and Trust Law Section of the American Bar Association, of which Committee …

Agency--Liability Of National Oil Companies For Torts Of Service Station Operators, George D. Schrader

Kentucky Law Journal

No abstract provided.

Book Reviews, Albert S. Abel, David R. Kochery, Phil C. Neal, Leslie C. Merrem, Carl A. Warns, Leland S. Forrest, E. George Rudolph, Bartholomew Diggins, Reginald Parker, David M. Helfeld, Harold D. Lasswell

Journal of Legal Education

No abstract provided.

Annual Survey Of Tennessee Law Administrative Law -- 1954 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Administrative Law consists of those legal principles, whether of constitutional, statutory or common law derivation, which are generally concerned with the organization, relationships, powers and procedures of administrative agencies.' These are the agencies of government, other than the regular courts and legislatures, which can determine private rights through adjudication or affect these rights through the making of rules having the status of law. It will be noted that the definition excludes the substantive rules of law applied and developed through such agencies. Procedural in nature, it is an area of law in which the institution of judicial review of administrative …

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.

Agency - Apparent Authority Of Sales Agent, William D. Keeler

Michigan Law Review

Defendant's agent, a consignee of automobiles for sale, received from plaintiff a used truck, and agreed to apply the proceeds from the sale of the truck to the purchase price of a new automobile, to be sold and delivered to plaintiff when available. Defendant's agent sold the truck and absconded with the proceeds from such sale. Plaintiff sued for the value of the truck, and the lower court rendered judgment in his favor. On appeal, held, affirmed. The acts of the agent bound the defendant, although the agency contract gave only express authority to sell new automobiles. Correa v. …

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

Maryland Law Review

No abstract provided.

Agency--Presumption Thereof Arising From Ownership Of Motor Vehicle And Employment Of Driver, George D. Schrader

Kentucky Law Journal

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.

Contracts, Merton Ferson

Vanderbilt Law Review

The case of Thomas v. Million presented these facts: The defendant listed a house and lot for sale with the plaintiff, a real estate broker,for $16,500. The plaintiff advertised the property for sale and showed it to many prospects, including a man by the name of Cowell. After that, the defendant wrote a letter to the plaintiff, "terminating the agency contract" of the plaintiff. The defendant then sold the property to Cowell for $15,500. The plaintiff was allowed to recover $500 as a reasonable commission.

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

Book Reviews, Jerome Frank, Edmond Cahn, Jay Wesley Murphy, Delmar Karlen, Lehan K. Tunks, Thomas A. Thomas, John W. Wade, Robert C. Bensing, Ralph R. Neuhoff, Allan D. Vestal, Edward D. Re, Thomas I. Emerson, John J. Parker

Journal of Legal Education

No abstract provided.

What Now, About Agency?, Rose T. Steffen

Journal of Legal Education

No abstract provided.

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; …

Agency, Griffin B. Bell

Mercer Law Review

During the survey period there were no statutory changes in the law of agency in Georgia. Some new principles were enunciated by the courts, while established doctrines were followed in other instances.

In a case of first impression, Studebaker Corp. v. Nail, the Court of Appeals, where an automobile purchaser had sued the automobile manufacturer direct on an express warranty, said that where manufacturer's warranty of new automobile was delivered to dealer with automobile for purpose of delivery to buyer, an agency for that purpose existed and that the suit would lie. The court pointed out, however, that no …

Book Reviews, Elliott E. Cheatham, I. Beverly Lake, Thomas Clifford Billig, Frederick W. Whiteside Jr., Carl H. Fulda, A. Ladru Jensen, Paul Sayre, Charles H. Livengood Jr., Thomas A. Cowan, Clyde W. Summers

Journal of Legal Education

No abstract provided.

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 …

Agency, Griffin B. Bell

Mercer Law Review

An examination of the acts of the General Assembly of Georgia for the survey period shows no legislative changes in the law of Agency, although a few new principles were enunciated by the courts.

Scope Of Employment Extended To Sponsored Recreation

Indiana Law Journal

Recent Cases: Agency

Partially Disclosed Agency And Its Significance, Delmer Ison

Kentucky Law Journal

No abstract provided.

What's Wrong With Agency? - A Comment, Philip Mechem

Journal of Legal Education

No abstract provided.

Election Between Undisclosed Principal And Agent

Indiana Law Journal

Recent Cases: Agency

Rescission By Third Party Prior To Principal's Ratification Of Agent's Unauthorized Action, Theodore G. Pappas

Vanderbilt Law Review

Ratification' by an alleged principal of acts that another person has assumed to do in his behalf without prior authorization gives rise to two general questions. First, can the person who ratifies be held liable for or be bound by the acts he has ratified? Second, can the person who ratifies bind the person that his assumed agent has presumed to bargain with if this person attempts to withdraw before the alleged principal ratifies? Each question presents conditions and refinements.

The present discussion will be confined to the second of the above questions-viz., Can the third party recede from the …

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.