Agency Commons^™

Principal And Agent-Distinguished From Similar Relationships

Indiana Law Journal

No abstract provided.

Principal And Agent-Authority-Creation And Relationship

Indiana Law Journal

No abstract provided.

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son

Michigan Law Review

Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.

Bankruptcy-Voluntary Petition By Incompetent On Court Order

Michigan Law Review

A state court adjudged B to be insane, committed him to an asylum, appointed G as guardian of his estate, and later authorized G to file a voluntary petition in bankruptcy on behalf of B. Such a petition was filed by G, the schedule of liabilities showing debts contracted before B was adjudicated insane. The federal district court adjudicated B a bankrupt and appointed a trustee in bankruptcy, who sued C to recover an alleged preference paid to C by B. C then sought to set aside the adjudication of bankruptcy on the ground that an insane person could not …

Bills And Notes -- Principal And Agent--Payment To Agent Of Drawer Upon Indorsement Forged By The Agent

Michigan Law Review

A was an agent of P for the purpose of securing applications for loans and disbursing the money to the borrowers. The custom was for P, after approving the application, to send to A a check drawn on D bank, payable to the joint order of A and the borrower. It was also the custom for A, in following out the course of dealing outlined by P, to secure the borrower's indorsement, add his own, deposit the check to an agency account in X bank, and then pay out the money to the borrower by personal checks on his agency …

Reformation-Trusts-Stranger To The Instrument

Michigan Law Review

Defendant was an agent with authority to purchase land for his principal, the plaintiff, and to take options in his own name. Instead, he took contract title in his own name. Plaintiff furnished the entire consideration. In a suit in which the vendor was joined as plaintiff, held, that the land contract be reformed by inserting the name of the plaintiff as purchaser. Goss v. McKinney (Mich. 1930) 229 N.W. 450.

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

West Virginia Law Review

No abstract provided.

Principal And Agent-Principal's Liability For Unauthorized Acts Of Agent

Indiana Law Journal

Recent Case Notes

Principal And Agent--Principal's Liability For The Fraudulent Act Of His Agent--Act Solely For The Agent's Benefit, R. H. Pendleton

West Virginia Law Review

No abstract provided.

Agency--Workmen's Compensation Act, Roscoe H. Pendleton

West Virginia Law Review

No abstract provided.

Contracts Of Agency Without Stipulations As To Duration, Thomas Porter Hardman

West Virginia Law Review

The Restatement of Agency by the American Law Institute provides that "A contract of agency, or a contract of service, is the contract, when one exists, which determines the existence, duration, terms or conditions of the [agency] relation." But what is the duration of the relation when this so-called "contract of agency" contains no stipulation as to how long the employment is to continue? And how does the so-called contract of agency determine the duration in such cases? It is the purpose of this comment to discuss the West Virginia cases on this point.

Bills And Notes--Evidence, Byron B. Randolph

West Virginia Law Review

No abstract provided.

Principal And Agent--Agent Acting For Undisclosed Principal--Automobile Corporation Held "Trader" Under Code § 13 Ch. 100, Fred L. Davis

West Virginia Law Review

No abstract provided.

Vicarious Liability And The Family Automobile, Norman D. Lattin

Michigan Law Review

The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly

Michigan Law Review

The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …

Principal And Agent--Liability Of Principal--Scope Of Employment, Lester C. Hess

West Virginia Law Review

No abstract provided.

Principal And Agent--Suit By A Disclosed Principal As A Third Party Beneficiary On A Contract Made Upon The Sole Credit Of The Agent, R. T. D.

West Virginia Law Review

No abstract provided.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Municipal Corporations--Non-Liability For Wrongful Or Negligent Acts Or Omissions Of Officers And Agents, Acting In A Public Or Governmental Capacity, J. H. W.

West Virginia Law Review

No abstract provided.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

War Crimes, Elbridge Colby

Michigan Law Review

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …

Book Reviews

Michigan Law Review

A list of books received by Michigan Law Review

Caveat Emptor And The Judicial Process, John B. Waite

Articles

"There are many issues in the law whose solution has an essentially economic cost. There is one issue in particular, however, of immense and most important economic effect, which has been decided and re-decided, but which, strangely enough, the courts never seem to have considered on the merits of its economic relations and effects....

"...[O]ught one to be permitted safely, if honestly, to intrust possession of goods to others; or should one have power safely, if honestly, to buy goods from those in possession...."

Cases On Principal And Agent And Master And Servant Selected From Decisions Of English And American Courts, Edwin C. Goddard

Books

“In the first edition of this work no effort was made to cover the subject of Master and Servant. The exigencies of the law school curriculum, if not the unity of the subjects, seem to require that Principal and Agent and Master and Servant be treated in a single course. Historically the subject of Agency grew out of the much earlier developed subject of Master and Servant. Blackstone did not use the term ‘agent’ in reference to the agency relation, nor does he recognize the subject of Agency apart from that of Master and Servant, and there only in a …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Matrimonial Property And The Conflict Of Laws, Herbert F. Goodrich

Articles

"This discussion forms the basis of a chapter in a text book on conflict of laws in preparation by the writer for The West Publishing Co., and appears with the permission of the publishers."-- Footnote

Fraudulent Bills Of Lading, Merton L. Ferson

Michigan Law Review

Station agents, without receiving goods, have frequently signed bills of lading purporting to bind their company. When a bill of lading thus issued has been transferred to an innocent purchaser for value, the question arises whether such person may recover against the carrier company. The question is obviously one of the .agent's ability to bind his employer.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.