Commercial Law Commons^™

Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.

Michigan Law Review

Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …

Insurance - Federal Regulation - Authority Of Federal Trade Commission To Regulate False Advertising By Insurance Companies As Affected By The Mccarran-Ferguson Act, Charles C. Moore S.Ed.

Michigan Law Review

Petitioner, the FTC, issued cease and desist orders prohibiting respondent health and accident insurance companies, doing business in interstate commerce, from disseminating allegedly false and deceptive advertising through the medium of local agents. These orders, issued pursuant to the FTC act, sought to proscribe such activity both in states that had statutes prohibiting unfair and deceptive practices and in states that did not. The Courts of Appeals for the Fifth and Sixth Circuits concluded that the FTC had no authority to regulate such advertising in states which had prohibitory legislation. On certiorari to the United States Supreme Court, held, …

Sales - Credit Sales - Application Of Usury Statute, Jerome S. Traum S.Ed.

Michigan Law Review

Plaintiff bought a tractor from defendant's agent for $2950 and received a trade-in allowance of $1180, leaving an unpaid balance of $1770. Defendant's agent agreed to arrange for a loan from defendant for the balance of the purchase price, without stating a time price for the tractor different from the cash price previously discussed. The loan was made, and plaintiff signed a note and chattel mortgage in the amount of $2161.84, payable in two annual installments. The $391.84 excess over the balance due exceeded the maximum legal rate of interest allowed by Nebraska's Installment Loan Act. Plaintiff later sued in …

Recent Cases, Law Review Staff

Vanderbilt Law Review

In a hearing before the Commissioner of Investigation of the City of New York, appellant refused to state whether he was then a member of the Communist Party and based his refusal to answer on the fifth amendment to the United States Constitution. He was thereafter discharged as an employee of the New York Transit Authority pursuant to provisions of the New York Security Risk Law' which allows dismissal of employees of security agencies who are found to be of "doubtful trust and reliability." Without seeking administrative remedies, appellant brought a proceeding in the state court for reinstatement contending that …

Creditor's Rights—Validity Of Mortgage Where Accompanying Notes Invalid, Buffalo Law Review

Buffalo Law Review

Amherst Factors, Inc. v. Kochenburger, 4 N.Y.2d 203, 173 N.Y.S.2d 570 (1958).

Creditor's Rights—Estoppel Of Debtor From Asserting Defense, Buffalo Law Review

Buffalo Law Review

Triple Cities Construction Co. v. Maryland Casualty Co, 4 N.Y.2d 443, 176 N.Y.S.2d 292 (1958).

Creditor's Rights—Sufficiency Of Bankruptcy Proceedings—Per Curiam, Buffalo Law Review

Buffalo Law Review

Shire v. Bornstein, 4 N.Y.2d 299, 174 N.Y.S.2d 645 (1958).

Creditor's Rights—United States Tax Lien—Competition With Other Interests, Buffalo Law Review

Buffalo Law Review

Aquilino v. United States, 3 N.Y.2d 511, 169 N.Y.S.2d 9 (1957); AEtna Casualty and Surety Co. v. United States, 4 N.Y.2d 639, 176 N.Y.S.2d 961 (1958).

Judicial Review Of Orders Of The Interstate Commerce Commission Relating To Motor Carriers, Robert W. Ginnane, James A. Murray

Vanderbilt Law Review

When, in 1935, Congress provided for federal regulation of inter-state motor transportation by the Interstate Commerce Commission,it made applicable to the Commission's regulatory orders with respect to motor carriers the same system of judicial review which it had devised for orders relating to railroads in the Urgent Deficiencies Act of 1913.' This invoked not only the naked statutory review provisions but also, at least by analogy, the mass of judicial decisions applying the 1913 legislation to Commission orders involving railroads. The statutory provisions for review of orders of the Interstate Commerce Commission have been codified into Title 28 of the …

Sales, James M. Hilton

Washington Law Review

Covers cases on recovery on breach of implied warranty of fitness—necessity of contractual privity.

Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda

Michigan Law Review

Unification of separate independent business enterprises in a single organization may raise important questions of antitrust policy. The entity which emerges may have acquired, as a result of such unification, a market position of such significance that a substantial lessening of competition or even the creation of a monopoly becomes not only possible but probable. This would be apparent whenever opportunities for buyers of the products or services of the new single unit to shop freely, and to make independent decisions as to prices, channels of purchases and selection of suppliers were to be seriously curtailed, or where such curtailment …

Stockholders' Derivative Suits In Southern Jurisdictions, W. Jack Williams

Vanderbilt Law Review

The stockholders' derivative suit has been of increasing prominence during the past several decades. As an action in equity instituted by individual stockholders, the suit is representative in nature in that the stockholder prosecutes the action for all stockholders who are similarly situated. Yet, as the suit is in behalf of the corporate entity and not the stockholders personally, it is derivative.'

As in most other areas of corporate law in southern jurisdictions,there exists no comprehensive body of statutory or case law dealing with all facets of stockholders' derivative suits. The greater part of the body of law in this …

Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson

Michigan Law Review

The City of Chattanooga passed an ordinance making in unlawful "for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday." Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the …

Regulation Of Business - Sherman Act - Expansion Of Per Se Doctrine Over Tying Agreements, Max H. Bergman S.Ed.

Michigan Law Review

Through congressional grant defendant's predecessor acquired approximately forty million acres of land, consisting of every alternate section in a twenty to forty mile wide belt on each side of its railroad track from Lake Superior to Puget Sound. Defendant sold about thirty-seven million acres of its holdings and leased the balance. Many of the sales contracts and most of the leases, together covering several million acres of land, contained "preferential routing" clauses which compelled the grantee or lessee to ship all commodities produced or manufactured on the land over defendant's lines, unless competitors' rates were lower or, in some instances, …

Constitutional Law--Taxation Of Interstate Commerce--Railroad Loop Traffic, D. L. Mcd.

West Virginia Law Review

No abstract provided.

Exculpatory Clauses In Stop-Payment Orders

Washington and Lee Law Review

No abstract provided.

Competition Versus Regulation: The Agricultural Exemption In The Motor Carrier Act, Carl H. Fulda

Vanderbilt Law Review

Transportation of passengers or property by motor carriers engaged in interstate or foreign commerce has been subject to federal regulation by the Interstate Commerce Commission since 1935. At that time motor carriers in intrastate commerce were regulated in all the states of the Union by state commissions which controlled entry into the industry, rates, and safety of operations, but there was no comparable federal regulation. The Federal Motor Carrier Act of 1935, now part II of the Interstate Commerce Act,' was intended to fill this gap by creating a federal regulatory scheme similar to that provided by the states. In …

Trading Stamps, Josiah Baker

Vanderbilt Law Review

It is as hard to define the trading stamp as it is to count the points on the circumference of a circle, for a trading stamp is what it appears to be and that, of course, depends upon point of view. To the housewife,it is a coupon--in some instances free, in others expensive--for which a redemption value may be claimed. To the stamp-issuing merchant,it is a method of advertising taking the form of a promotional device or operating as a discount to cash customers. To the nonissuing merchant, it is an instrumentality of unfair competition. To the trading stamp company, …

Ford: Expansion And Challenge 1915-1933. By Allan Newins And Frank Hill., William J. O’Connor Jr.

Buffalo Law Review

No abstract provided.

Amended Definition Of Sale To Include Food Consumed On Premises, Allan B. Blumberg

Maryland Law Review

No abstract provided.

Inventory And Accounts Receivable Financing: The Maryland Maze, Shale D. Stiller

Maryland Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi

Michigan Law Review

Lawyers everywhere rely upon their books with eagerness and confidence. The larger their libraries, the better equipped they feel to answer the questions of their clients. The composition of an average library differs somewhat in France and in the United States. In this country the law reports, in their familiar, substantial and elegant bindings, are displayed on the prominent shelves, while in Europe, the law reports-often merely paper bound-are relegated to some corner. The front place is reserved for the leather bindings and the gilt letters of the treatises bearing the names of outstanding authors in the various fields of …

Regulation Of Business - Refusals To Deal - Use To Effectuate Resale Price Maintenance, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

This comment will examine the legal questions arising from a manufacturer's exercise of his right to maintain resale prices by refusing to deal with price cutters in an attempt to determine whether this exists only as an abstract right, or whether it can be translated into legally effective business practices.

Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr.

Michigan Law Review

Plaintiff purchased a "Lithe-Line" exerciser, a rubber rope forty inches long with a loop on each end, manufactured by defendant Helena Rubenstein, Inc. With the exerciser plaintiff received a leaflet of instructions stating that "anybody" could reduce with it, and containing sketches and descriptions of eight exercises. While plaintiff was lying on the floor with the rope under her feet doing one of the exercises, the rope slipped off her feet and snapped back, hitting her in the eye and causing partial loss of vision. She sued the manufacturer for negligence, alleging that the exerciser was inherently dangerous when used …

Right Of Mortgagee To Sue Assuming Grantee Of Mortgage Debt - Rosenberg V. Rolling Inn, Inc., William J. Pittler

Maryland Law Review

No abstract provided.

Stock "Buy-Out" Plans: Selection And Drafting, William P. Cunningham

Maryland Law Review

No abstract provided.

Is Price-Fixing Per Se Reasonable? A Discussion, Arval Morris

Kentucky Law Journal

No abstract provided.

Commercial Restrictions In English Law, Edward A. Morrison

Vanderbilt Law Review

With the passing of the Restrictive Trade Practices Act, 1956, the English statute book is now furnished with a set of enactments, comprising this Act and the Monopolies Acts 1948 and 1953, which are comparable to the anti-trust legislation of the United States. The English statutes present marked dissimilarities to their American counterparts both in aim and method. In order to understand them it is necessary to consider certain divergences of emphasis on the part of English and American judges on the common law rules in which the legislation of the two countries alike is embedded, and certain aspects of …

Sales - Breach Of Warranty - Notice Required By Section 49 Of Uniform Sales Act Must Be Given To Seller Or His Agent, Thomas A. Troyer S.Ed.

Michigan Law Review

Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boiler manufacturer. The order having been transmitted by Burke to plaintiff, the manufacturer's exclusive distributer in the area, the burner units were delivered. Defendant discovered certain defects in their specifications, notified Burke to this effect, and withheld payment of part of the purchase price. In an action by plaintiff for this unpaid balance of the agreed price, defendant asserted plaintiff's breach of warranty by way of recoupment. On appeal of the trial court's judgment for plaintiff, held, affirmed. Defendant could not successfully claim breach of …