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Articles 3151 - 3180 of 3271

Full-Text Articles in Agency

Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding May 1934

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) …

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Carriers - Statutory Limitation Of Liability - Degrees Of Care Feb 1934

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 …

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Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements Feb 1934

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 …

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Banks And Banking-Payment By Savings Bank To Other Than Depositor Jan 1934

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 …

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Torts - Principal And Agent - Liability For Negligent Driving Dec 1933

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.

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Workmen's Compensation-Right Of Dole Employee To Compensation Dec 1933

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 …

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Parties- Joinder Of Master And Servant As Defendants Feb 1933

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.

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Agency, General And Special, Basil H. Pollitt Jan 1933

Agency, General And Special, Basil H. Pollitt

Kentucky Law Journal

No abstract provided.

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Agency--The Family Purpose Doctrine, James R. Richardson Jan 1933

Agency--The Family Purpose Doctrine, James R. Richardson

Kentucky Law Journal

No abstract provided.

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Agency, General And Special--A Further Study: Part Iii, Basil H. Pollitt Jan 1933

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

Kentucky Law Journal

No abstract provided.

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Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell Dec 1932

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

West Virginia Law Review

No abstract provided.

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Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment Dec 1932

Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment

Michigan Law Review

Defendant delivered to the plaintiff, at about 10 o'clock A. M., a check drawn on the B bank. The next morning at 10:30 o'clock the plaintiff's agent went to drawee to cash the check. As there was "a run" being made on the bank that day, the agent was forced to stand in line. After waiting from 10:30 o'clock in the morning to 1 o'clock in the afternoon, he left without cashing the check. The next day the bank failed to open its doors. In an action by the plaintiff to recover the debt covered by the check, the defendant …

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Constructive Trusts - Land Purchased By Agent In Violation Of Fiduciary Obligation To Principal - Statute Of Frauds Dec 1932

Constructive Trusts - Land Purchased By Agent In Violation Of Fiduciary Obligation To Principal - Statute Of Frauds

Michigan Law Review

Plaintiffs employed defendant to negotiate for the purchase of a certain tract of land, defendant to receive a 5% commission if the purchase was made. Defendant contracted with the owner for the purchase of the land in his own name and made the down payment with his own funds. Plaintiffs demanded an assignment of the contract and on defendant's refusal brought suit to compel a conveyance of the property by defendant as trustee. Held, that a constructive trust may be created where an agent purchases with his own money property which he is employed to purchase for his principal, …

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Restrictive Indorsements Nov 1932

Restrictive Indorsements

Michigan Law Review

Under Sec. 36 of the N. I. L. an indorsement is restrictive which prohibits further negotiation or constitutes the indorsee the agent of the indorser or vests the title in a trustee in trust for some other person. The mere absence of words importing a power to negotiate does not, however, make the indorsement restrictive. Among the rights of a restrictive indorsee as declared by Sec. 37 is the one to bring "any action thereon that the indorser could bring." The remaining provision of the statute dealing with such indorsements is Sec. 47, which provides that "An instrument negotiable in …

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Bills And Notes-Fictitious Payee-Bearer Instrument Nov 1932

Bills And Notes-Fictitious Payee-Bearer Instrument

Michigan Law Review

A receiver in bankruptcy drew a check on the funds of the bankrupt deposited in the name of the receiver in the defendant bank, payable to "Joseph Wolf" who was a non-existing person. The receiver indorsed the check in the name of "Joseph Wolf" and received payment from defendant which acted innocently. The trustee in bankruptcy sued the defendant for paying a check over a forged indorsement. Held, in Childs v. Empire Trust Co., that the check, being made payable to a .fictitious payee with the knowledge of the person making it so payable, was a bearer instrument, …

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Negligence-"Family Automobile" Doctrine Applied To Motorboat Nov 1932

Negligence-"Family Automobile" Doctrine Applied To Motorboat

Michigan Law Review

Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.

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Agency- Liability Of Principal For Torts Of Agent-Apparent Authority Jun 1932

Agency- Liability Of Principal For Torts Of Agent-Apparent Authority

Michigan Law Review

Defendant regularly delivered goods to plaintiff C. O. D. Lambert was employed by defendant to deliver such goods and collect for them, and for this purpose he was given blank re6eipts which he was authorized to fill out and sign upon being paid for the goods. The usual course of business was for Lambert to deliver to plaintiff's shipping clerk who signed the delivery bill, and then collect from plaintiff's cashier who was stationed in another room. Plaintiff's cashier never asked to see this delivery bill, but always took Lambert's word as to the amount due. For a period of …

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Bills And Notes-What Negligence Of The Drawer Will Enable The Drawee To Charge The Drawer's Account When The Indorsement Of The Payee Is Forged May 1932

Bills And Notes-What Negligence Of The Drawer Will Enable The Drawee To Charge The Drawer's Account When The Indorsement Of The Payee Is Forged

Michigan Law Review

An attorney, representing himself to be the agent of the owner of a certain piece of real estate, applied to the plaintiff for a mortgage loan. The loan being granted subject to title, a person represented to be the landowner appeared, signed the mortgage and note, and her acknowledgement was taken by a notary public who stated that he knew her to be the identical person described in the mortgage. The title was approved and a check payable to the landowner was delivered to the attorney, who, after forging the payee's indorsement, indorsed personally and cashed. The drawer is suing …

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Bills And Notes - Is One Assuming Liabilities To The Creditors Of His Transferor A Holder In Due Course Feb 1932

Bills And Notes - Is One Assuming Liabilities To The Creditors Of His Transferor A Holder In Due Course

Michigan Law Review

The plaintiff entered into an agreement whereby it was to receive all the assets of an insolvent bank as consideration for the assumption of certain specified liabilities. Among the assets was a note upon which the plaintiff is now suing a prior indorser. Although it was the intention of the defendant to indorse as agent in accordance with the request of the insolvent bank, on the face of his endorsement he indorsed individually. Held, that since the plaintiff was not a holder in due course, the note was subject to the same defenses in the hands of the plaintiff …

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Corporations - Service Of Process On A Subsidiary Corporation Doing Business In The State In An Action Against A Foreign Corporation Jan 1932

Corporations - Service Of Process On A Subsidiary Corporation Doing Business In The State In An Action Against A Foreign Corporation

Michigan Law Review

The Freeport Texas Company, a Delaware corporation, owned all of the stock of the Freeport Sulphur Company, a Texas corporation, except a few qualifying shares. The directorates of the two corporations were interlocking; officers of the parent corporation occupied identical positions in the subsidiary; and common offices were occupied in New York. It also appeared that the board of the Texas corporation only passed on local operating matters and ratified ordinary contracts. The sales end of the organization was operated from New York and the board had no control over it. The fixing and payment of salaries, the amount of …

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Principal And Agent--Notice--Fraudulent Acts Of Sole Agent, Donald F. Black Dec 1931

Principal And Agent--Notice--Fraudulent Acts Of Sole Agent, Donald F. Black

West Virginia Law Review

No abstract provided.

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Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder Jun 1931

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

West Virginia Law Review

No abstract provided.

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Principal And Agent--Accounting For Personal Profits Made By Agent Withholding Information From Principal, August W. Petroplus Jun 1931

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

West Virginia Law Review

No abstract provided.

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Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor May 1931

Suretyship--Fraud Of Principal On Surety--Principal As Agent Of Creditor

Michigan Law Review

The plaintiff manufactured medicines, selling to peddlers who operated as independent contractors. Menning, a peddler, signed a new contract with plaintiff for operations for the ensuing year, the contract also covering payment of existing debts ($1,794) to plaintiff. The defendant, induced by Menning and relying on his statement that there was no existing debt, signed the contract as surety, the guaranty reciting a consideration of $1 received by defendant and an extension of time on any debts. This contract was terminated after seven weeks, and plaintiff sued for $1670, the balance due. The defendant claimed that Menning was plaintiff's agent …

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Review: A Textbook On Law And Business, J. Wayne Ley May 1931

Review: A Textbook On Law And Business, J. Wayne Ley

Michigan Law Review

A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer

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Brokers-Liability In Conversion For Sale Of Stolen Bonds May 1931

Brokers-Liability In Conversion For Sale Of Stolen Bonds

Michigan Law Review

Plaintiffs, brokers, sold on the Exchange as agents for a supposedly reputable customer, certain negotiable bonds. Purchasers, upon learning that the bonds had been stolen, returned them to the plaintiffs who, pursuant to a rule of the Exchange, substituted other bonds of unquestioned title. In an action by the plaintiffs against an insurance company, subrogated to the rights of the original owners, for a declaration of ownership, held, for the plaintiffs. Gruntal v. National Security Co. (N. Y., Nov., 1930) 173 N.E. 682.

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Agency--A "Conclusive" Test Of Agency Relation In West Virginia, August W. Petroplus Apr 1931

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

West Virginia Law Review

No abstract provided.

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Master And Servant-Liability For Acts Of Apparent Agent Or Servant Mar 1931

Master And Servant-Liability For Acts Of Apparent Agent Or Servant

Michigan Law Review

Plaintiff received bums as a result of the negligence of the operator of a beauty parlor located in defendant's department store. The operations of the beauty parlor were advertised over the name of the defendant, and the shop was, to all appearances, a part of the defendant's store; defendant claimed, however, that the beauty shop was operated by an independent owner. Held, that the plaintiff had a right to rely on the defendant's representations that the shop was one of its departments, hence, that a verdict for the plaintiff should not be disturbed. Fields' Inc. v. Evans (Ohio App. …

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Master And Servant-Effect Of Servant's Ownership Of Instrumentality On Liability Of Master Feb 1931

Master And Servant-Effect Of Servant's Ownership Of Instrumentality On Liability Of Master

Michigan Law Review

Defendant contracted with miners to dig out clay at ton-rate, the miners to furnish their own equipment. They buried their powder to prevent theft; but some boys found it and were injured in its explosion. Held, the miners were independent contractors, but that, if they were employees, they did not act within the scope of their employment in burying their powder. General Refractories Co. v. Mozier (Ky. 1930) 30 S.W.(2d) 952.

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Master And Servant-Tests Of Independent Contract Feb 1931

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 …

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