Agency Commons^™

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.

Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.

West Virginia Law Review

No abstract provided.

Value Of Wife's Inchoate Dower In Condemnation Proceeding - United States V. Certain Parcels Of Land, Etc.

Maryland 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.

Master And Servant-Assault And Battery

Indiana Law Journal

Recent Case Notes

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.

Responsibility For Mistakes In Application Made By Agents Of Insurance Company, W. V. R.

West Virginia Law Review

No abstract provided.

Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard

Michigan Law Review

Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).

Principal And Agent--Creation Of The Agency Relationship, J. G. Mcc.

West Virginia Law Review

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.

Corporations - Liability Of Directors To Creditors For Negligent Management

Michigan Law Review

There is much confusion in the cases concerning a director's liability to a creditor for negligent management of the corporation. A clearer answer might be indicated by an examination of analogous situations involving individuals instead of corporations. It adds confusion to the law to have a different rule for a corporation than for a human being, and such a result should be avoided unless separate treatment is required by something inherent in the corporation. The least that can happen if a court thinks along these lines is that it will be more likely to know what it is doing.

Book Reviews

Maryland 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.

Principal And Agent-Liability Of Principal To Third Persons For Acts Within The Apparent Authority Of The Agent

Michigan Law Review

In the recent case of Diuguid v. Bethel African M. E. Church of Pittsburgh the plaintiff, a painting contractor, had entered into a written agreement with the board of trustees of the defendant, a religious corporation, providing for painting and decorating the interior of the latter's church building. The work was to be supervised by a "house committee" consisting of three members selected from the board of trustees of the church. After completing this work, plaintiff proceeded to make additional improvements in the basement of the church, purporting to act in pursuance of a subsequent oral contract which plaintiff alleged …

Corporations-Liability Of Officers Of Corporate Trustee For Breach Of Trust

Michigan Law Review

Defendants were officers and directors of the Lincoln Trust Company, which was acting as trustee for the holders of certain bonds secured by a mortgage. Among other things, the trust instrument provided that the Trust Company should foreclose whenever a breach of the conditions of the mortgage should occur. The mortgagors defaulted on interest payments, but the Trust Company nevertheless advanced the amount of the interest to the bondholders without notifying them that the mortgagors had defaulted, the concealment being apparently for the purpose of maintaining the market value of the bonds. In an action brought by the successor trustee …

Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile

West Virginia Law Review

No abstract provided.

Agency - False Representations By Agent - Ratification

Michigan Law Review

During an intensive stock-selling campaign of the defendant power company, the stock salesman represented to the complainant that the corporation would repurchase at par upon demand any of the stock then offered. Relying upon this representation the complainant purchased thirty shares of stock for $3,000, the company apparently receiving his money and issuing the stock with knowledge of the false representations; when he later wished the company to repurchase the stock, it refused. On suit for (1) rescission and recovery of sum paid, or (2) reformation and specific performance, the company claimed among other things that the agreement made by …

Bills And Notes - Execution Of Instruments By Agents - Liability Under N.I.L.

Michigan Law Review

The liability of parties on negotiable instruments executed by agents or representatives is a matter which has not been satisfactorily settled by the cases under the N.I.L., due partly to the ambiguity of the statute itself and partly to the obstinate refusal of some courts to adopt the approach of the ordinary business man. Under the law merchant the agent ran a great risk of personal liability in executing a negotiable instrument unless he was careful to spell out that he was signing for a named principal as agent only. If he merely added to his name the phrase "agent …

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

Articles by Maurer Faculty

No abstract provided.

Corporations-Tort Liability Of Independent Taxi Owners' Associations

Michigan Law Review

(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …