Open Access. Powered by Scholars. Published by Universities.®

Commercial Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5791 - 5820 of 6475

Full-Text Articles in Commercial Law

Creditor's Rights—Fraud Must Be Proven, Not Presumed, Buffalo Law Review Oct 1960

Creditor's Rights—Fraud Must Be Proven, Not Presumed, Buffalo Law Review

Buffalo Law Review

Chemical Corn Exchange Bank v. Wassung, 7 N.Y.2d 337, 197 N.Y.S.2d 169 (1960).


Business Associations -- 1960 Tennessee Survey, Kenneth L. Roberts Oct 1960

Business Associations -- 1960 Tennessee Survey, Kenneth L. Roberts

Vanderbilt Law Review

Two opinions of the court of appeals during the survey period-one unpublished-discussed the fiduciary duties owing by officers and directors to their corporations. In Harriman Welding Supply Co. v. Lake City Lightweight Aggregate Corp.,' Presiding Judge McAmis of the eastern section found occasion to state the principles applicable when the fairness of contracts between two corporations having interlocking directorates is questioned.


State And Local Taxation -- 1960 Tennessee Survey, Paul J. Hartman Oct 1960

State And Local Taxation -- 1960 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

A congressional statute that became law on September 14, 1959,severely curtails the power of all state and local governments to impose net income taxes. This statute was the aftermath of the Northwestern-Stockham decision, and a series of cases soon to follow, by the United States Supreme Court, which held that neither the due process nor the commerce clause bars the way to a nondiscriminatory, properly apportioned state tax levied directly on net income derived exclusively from interstate commerce. These decisions by the Supreme Court caused such a furor in the business world that demands were soon made on Congress for …


The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck Sep 1960

The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck

Washington Law Review

Editor's Note: The Uniform Commercial Code continues to be the major topic of interest in the commercial law area as additional states enact this important statute. The roster now includes Pennsylvania, Massachusetts, Kentucky, Connecticut, New Hampshire, and Rhode Island. This issue of the Review contains the first of a series of articles by Richard Cosway, which will complete the discussion of the sales coverage of the Code, commenced by Ralph W. Johnson (Sales-A Comparison of the Law in Washington and the Uniform Commercial Code, 34 Wash. L. Rev. 78 (1959)), and will continue with a comparison of the Code and …


Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway Sep 1960

Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway

Washington Law Review

This article is a continuation of the analysis made by Professor Ralph Johnson in an earlier issue of this Review of the effect on Washington law of article 2 (Sales) of the Uniform Commercial Code. As such, it will continue the format there established of a section by section analysis of the Code. Continues with section 2-204, Formation in General.


The Bulk Sales Law In Washington, P. Bruce Wilson Sep 1960

The Bulk Sales Law In Washington, P. Bruce Wilson

Washington Law Review

The recent case of Hull v. Minkler clarifies certain aspects and presents some new problems concerning Washington's Bulk Sales Law. The purpose of this comment is to discuss the general application of the statute as well as the principles set forth in the Minkler case.


Sales, John F. Colgrave Jul 1960

Sales, John F. Colgrave

Washington Law Review

Covers cases on the implied warranty of fitness—partial reliance.


Non-Tax Aspects Of Thin Incorporation, Thomas H. Rainey Jr. Jun 1960

Non-Tax Aspects Of Thin Incorporation, Thomas H. Rainey Jr.

Vanderbilt Law Review

The coveted privilege of conducting business in the corporate form is not an unconditional grant.' As consideration for granting the corporate privilege of doing business with limited liability, the law requires that the shareholders "put at the risk of the business some stake which shall appear reasonably adequate for its prospective needs." This "stake," characterized as equity capital, represents that portion of the shareholders' capital investment which is required by law as the basis of financial responsibility for the protection of corporate creditors. This special fund is substituted for the personal liability which the participants would otherwise have for the …


Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin Jun 1960

Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin

Vanderbilt Law Review

With the coming of regulations allowing doctors the tax advantages of corporate employees, the doctors will probably be more solidly behind the positions of the AMA in favor of the prohibition against the corporate practice of medicine. For example, at least one state group, the Tennessee State Medical Association, has recently adopted a resolution against practicing medicine in the corporate form, and there have been no recent reports of state associations taking the opposite position. The American Hospital Association which seems to lead the opposition to the corporate practice rule does not attack the rule as being intrinsically bad but …


Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed. Apr 1960

Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.

Michigan Law Review

The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.


Unfair Competition-Motor Carrier Act - Private Remedy For Operation In Excess Of Certificate Of Necessity And Convenience, Daniel E. Lewis Jr. Apr 1960

Unfair Competition-Motor Carrier Act - Private Remedy For Operation In Excess Of Certificate Of Necessity And Convenience, Daniel E. Lewis Jr.

Michigan Law Review

In response to plaintiff trucking company's complaint under section 15 of the Clayton Act alleging violation of sections I and 2 of the Sherman Act, defendant railroads entered a counterclaim for damages resulting from interference with the railroad's franchise rights by the plaintiff's operations in excess of its Interstate Commerce Commission certificate of convenience and necessity. On plaintiff's motion for judgment on the pleadings to dismiss the counterclaim for failure to state a claim upon which relief could be granted, held, motion granted. Congress did not contemplate that the common law action of a franchise holder would lie when …


Negotiable Instruments Law & The Uniform Commercial Code Iii, Roy L. Steinheimer, Jr. Mar 1960

Negotiable Instruments Law & The Uniform Commercial Code Iii, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

Preface only.


Inadvertence As A Basis For Drawee Bank Liability Mar 1960

Inadvertence As A Basis For Drawee Bank Liability

Washington and Lee Law Review

No abstract provided.


The Use Of Set-Off, Counterclaim And Recoupment: Availability Against Commercial Paper, William O. Morris Feb 1960

The Use Of Set-Off, Counterclaim And Recoupment: Availability Against Commercial Paper, William O. Morris

West Virginia Law Review

No abstract provided.


Negotiable Instruments And The Uniform Commercial Code, Roy L. Steinheimer, Jr. Jan 1960

Negotiable Instruments And The Uniform Commercial Code, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.


Michigan Negotiable Instruments Law And The Uniform Commercial Code, Roy L. Steinheimer, Jr. Jan 1960

Michigan Negotiable Instruments Law And The Uniform Commercial Code, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.


Sufficiency Of Description In A Chattel Mortgage - Phillips V. J. F. Johnson Lumber Company, Donald Needle Jan 1960

Sufficiency Of Description In A Chattel Mortgage - Phillips V. J. F. Johnson Lumber Company, Donald Needle

Maryland Law Review

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1960

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington Jan 1960

The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


Pennsylvania - 1959 Session - Amendments To Article 9 Of The Uniform Commercial Code, Edward J. O'Malley Jan 1960

Pennsylvania - 1959 Session - Amendments To Article 9 Of The Uniform Commercial Code, Edward J. O'Malley

Villanova Law Review (1956 - )

No abstract provided.


Pennsylvania - 1959 Session - Amendments To Articles 3 And 4 Ofthe Uniform Commercial Code, Joseph A. Walheim, L. Francis Murphy Jan 1960

Pennsylvania - 1959 Session - Amendments To Articles 3 And 4 Ofthe Uniform Commercial Code, Joseph A. Walheim, L. Francis Murphy

Villanova Law Review (1956 - )

No abstract provided.


Industrial Marketing Through Leasing Devices: A Survey Of Antitrust Problems Jan 1960

Industrial Marketing Through Leasing Devices: A Survey Of Antitrust Problems

Indiana Law Journal

No abstract provided.


Organizing Corporate And Other Business Enterprises, By Chester Rohrlich, Ritchie G. Davis Jan 1960

Organizing Corporate And Other Business Enterprises, By Chester Rohrlich, Ritchie G. Davis

Indiana Law Journal

No abstract provided.


Investment Securities--Article 8 Of The Uniform Commercial Code, Wilson W. Wyatt Jan 1960

Investment Securities--Article 8 Of The Uniform Commercial Code, Wilson W. Wyatt

Kentucky Law Journal

No abstract provided.


Financing The Manufacturer: Article 9 Of The Uniform Commercial Code, Oscar Spivack Jan 1960

Financing The Manufacturer: Article 9 Of The Uniform Commercial Code, Oscar Spivack

Kentucky Law Journal

No abstract provided.


Eminent Domain--Covenant By Grantee To Sell Only Products Of Grantor Is Covenant Running With Land For Which Grantor's Successor Due Compensation, John T. Bondurant Jan 1960

Eminent Domain--Covenant By Grantee To Sell Only Products Of Grantor Is Covenant Running With Land For Which Grantor's Successor Due Compensation, John T. Bondurant

Kentucky Law Journal

No abstract provided.


Uniform Commercial Code--Major Changes In Sales Law, Frederick W. Whiteside Jr. Jan 1960

Uniform Commercial Code--Major Changes In Sales Law, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.


The Uniform Commercial Code And Greater Consumer Protection Under Warranty Law, K. Sidney Neuman Jan 1960

The Uniform Commercial Code And Greater Consumer Protection Under Warranty Law, K. Sidney Neuman

Kentucky Law Journal

No abstract provided.


A Comparison Of The Rights And Remedies Of Buyers And Sellers Under The Uniform Commercial Code And The Uniform Sales Act, William A. Logan Jan 1960

A Comparison Of The Rights And Remedies Of Buyers And Sellers Under The Uniform Commercial Code And The Uniform Sales Act, William A. Logan

Kentucky Law Journal

No abstract provided.


Initial Capitalization And Financing Of Corporations, Chester Rohrlich Dec 1959

Initial Capitalization And Financing Of Corporations, Chester Rohrlich

Vanderbilt Law Review

Since one of the varied uses to which stock purchase options maybe put is as a means of raising, or facilitating the raising, of capital, we deem it appropriate to direct attention to them. Like so many instrumentalities, they are subject to abuse and raise some difficulties, but used honestly and with discretion, they do represent a means (a) of compensating promoters and underwriters and retaining their continuing interest in the financial success of the corporation, (b) of adding speculative attraction to the security with which it is issued, or, less frequently, (c) of raising funds by direct and independent …