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Articles 3121 - 3150 of 3264
Full-Text Articles in Agency
Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.
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
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
Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry
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 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
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.
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
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.
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
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.
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
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--Distinction Between "Within The Course Of Employment" And "Within The Scope Of Employment", Howard H. Whitehead
Agency--Distinction Between "Within The Course Of Employment" And "Within The Scope Of Employment", Howard H. Whitehead
Kentucky Law Journal
No abstract provided.
Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile
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
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.
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
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
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 …
Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding
Michigan Law Review
Plaintiff sued on promissory notes given it by defendant in part payment of the purchase price for a dumptor. Defendant counterclaimed on the ground that he was induced to buy the dumptor because of fraudulent misrepresentations made by the plaintiff's agent. The contract contained the stipulation that "no representations made by an agent not included herein shall be binding," and therefore the plaintiff contended that the jury could not consider any of the false statements made by its agent. Held, said statement is ineffectual to preclude the defendant from asserting fraud. National Equipment Corp. v. Volden, (Minn. 1934) …
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Michigan Law Review
The plaintiff, a 15-year-old boy, was employed by the manager of the defendant's store in delivering merchandise and in peddling bills. One cold day the manager asked the plaintiff to accompany him in the truck and deliver orders. Despite the boy's objection that it was "too stormy," the manager told him that he must go, that he would not have time to go home after warmer clothing, that he would be gone but a short time, and that "he would be all right." As a result of this trip, the plaintiff became seriously ill and now sues for damages on …
Carriers - Statutory Limitation Of Liability - Degrees Of Care
Carriers - Statutory Limitation Of Liability - Degrees Of Care
Michigan Law Review
When the decedents attempted to drive from the petitioner's ferry boat, the chain holding the boat to the dock parted and the truck in which they were riding was precipitated into the river, drowning the occupants. In a proceeding in admiralty against the administrator of the deceased persons, under the statute limiting the liability of shipowners, the court held that the statute limiting liability applies only when the owner of the vessel is sought to be made liable for the fault of a servant or agent, and that the duty to provide a seaworthy vessel is a non-delegable one which …
Banks And Banking-Payment By Savings Bank To Other Than Depositor
Banks And Banking-Payment By Savings Bank To Other Than Depositor
Michigan Law Review
The plaintiff, depositor in a savings bank, sued the bank to recover for a payment made, upon presentation of the passbook together with a forged receipt, to one known to have previously acted as the depositor's agent. In order to protect itself in such a case the bank had provided the following bylaw: "The passbook shall be the voucher of the depositor, and the possession of the passbook shall be sufficient authority to the bank to warrant any deposit or payment made or entered therein." Held, the bank was liable to the depositor, despite the by-law, as it was …
Torts - Principal And Agent - Liability For Negligent Driving
Torts - Principal And Agent - Liability For Negligent Driving
Michigan Law Review
Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.
Workmen's Compensation-Right Of Dole Employee To Compensation
Workmen's Compensation-Right Of Dole Employee To Compensation
Michigan Law Review
The plaintiff, a citizen on the relief rolls of the defendant city, was put to work in accordance with a scrip relief plan under which persons receiving aid were "required" to work if they were able. They were paid a stipulated amount of script per hour, which was exchangeable for goods at the city store. The plaintiff was injured while using a wheelbarrow in line of duty in so working in the city park, and claimed the right to workmen's compensation under the statute as an employee of the city. The court held, by a five-to-three division, that the …
Parties- Joinder Of Master And Servant As Defendants
Parties- Joinder Of Master And Servant As Defendants
Michigan Law Review
This was an action against the owner of a taxicab and his driver for damages caused by the negligence of the driver in the course of his employment. A motion for a directed verdict on the ground of misjoinder was overruled. Held, error. Knox v. Redwine, (App. D. C. 1932) 59 F. (2d) 304.