Commercial Law Commons^™

Creditor's Rights—Damages On Lapse Of Mechanics' Liens, Thomas Beecher

Buffalo Law Review

Noce v. Kaufman, 2 N.Y.2d 347, 161 N.Y.S. 2d 1 (1957).

Creditor's Rights—Unavailability Of New York Lien Law To Out Of State Realty, Richard Vogt

Buffalo Law Review

Allied Thermal Corp. v. James Talcott, Inc., 3 N.Y.2d 302, 165 N.Y.S.2d 91 (1957).

Creditor's Rights—Priority Of Liens, Beryl Mcguire

Buffalo Law Review

City of New York v. Bedford Bar & Grill, Inc., 3 N.Y.2d 429, 161 N.Y.S.2d 67 (1957).

Contracts -- 1957 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Breach of contract to publish advertisement--certainty of lost anticipated profits--nominal damages: The rule of "certainty" with respect to awarding damages for a breach of contract is simply a standard requiring a reasonable degree of persuasiveness in the proof of the fact of damage and of the amount of damage.' Through the use of the standard of certainty, the court is enabled to insist that the jury must have factual data--something more than guesswork--to guide themin fixing the award. Loss of commercial profits, claimed as damages for breach of contract, has become the principal field for the application of the standard …

Negotiable Instruments, Anon

Washington Law Review

Covers a case on negotiable instruments—promissory note secured by chattel mortgage and on negotiable instruments—conditional delivery

Creditors' Rights, Arthur R. Hart

Washington Law Review

Covers cases on redelivery bonds—waiver of rights and on ambiguities of conditional sales contract and chattel mortgage.

Sales, Clark B. Snure

Washington Law Review

Covers cases on whether the furnishing of blood by a hospital constitutes a sale.

Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.

Michigan Law Review

Prior to 1952 the judiciary had sole control of questions involving the infringement of patents. The courts evolved their own concepts and rules of interpretation without legislative guidance. The Patent Act of 1952 marked a radical departure from this policy. Section 271 of the new patent act is an attempt on the part of Congress to codify the doctrine of contributory infringement. Prior to the enactment of this section there was considerable doubt as to the scope of this doctrine and even as to its continued existence. Supreme Court recognition of the defense of patent misuse appears to have diluted …

Foreword, Sylvan Gotshal

Vanderbilt Law Review

Twenty years ago an article on arbitration would have been an oddity in a law review. Significant of the change in thinking with regard to arbitration on the part of attorneys, bar associations, and law schools is the fact that within the past few months several law journals and reviews have had major articles devoted to various aspects of arbitration. This new literature in the legal field serves as notice to the practitioner and to the law student that arbitration has come of age. The editors of the Vanderbilt Law Review and the faculty of the Law School are, therefore, …

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of vio- lation of an overtime clause dealing with equal distribution. In each …

Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.

Michigan Law Review

Petitioner manufactured and sold automobile parts to distributors who resold them to jobbers in interstate commerce. The products were classified into three lines: leaf spring line, coil action line, and piston ring line. A progressive, cumulative discount was given in each line, based upon the aggregate yearly purchases of either a single buyer or a group-buying organization. The Federal Trade Commission charged petitioner with price discrimination in violation of the Robinson-Patman Act. Every customer who testified at the hearing denied that he had been injured competitively by the petitioner's pricing practices. Nevertheless, in view of the substantial price differentials, the …

Cases And Materials On Bills And Notes, By William D. Hawkland, R. Bruce Townsend

Indiana Law Journal

No abstract provided.

Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.

Michigan Law Review

Plaintiff, an American corporation, had manufactured and sold women's undergarments in the United States and Canada since 1917, under a U.S. registered trademark, "Vanity Fair." Defendant, a Canadian corporation, had registered the same trademark in Canada in 1915, and for this reason plaintiff's application for a Canadian trademark was denied in 1919. From 1945 to 1953, defendant purchased plaintiff's trademarked goods for resale in Canada. In 1953, defendant began selling goods of Canadian manufacture with its own Vanity Fair trademark, and threatened its competitors in Canada with infringement suits if they continued to sell plaintiff's trademarked goods. In an action …

Book Reviews, Robert N. Cooks, Kenneth B. Hughs (Reviewer), Jess Halstead (Reviewer), Walter P. Armstrong, Jr. (Reviewer), Howard J. Graham (Reviewer)

Vanderbilt Law Review

Current Legal Problems 1956 Edited by G. W. Keeton and G. Schwarzenberger London: Stevens & Sons, 1956. Pp. vii, 275. $5.55

reviewer: David F. Maxwell

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Some Problems of Proof under the Anglo-American System of Litigation By Edmund Morris Morgan. New York: Columbia University Press, 1956. Pp. xii, 195. $3.50

reviewer: Charles T. McCormick

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Effective Drafting of Leases with Check List and Forms By Milton N. Lieberman Newark: Gann Law Books, 1956. Pp. viii, 974

reviewer: Robert N. Cooks

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The Law and One Man Among Many By Arthur E. Sutherland Madison: University of Wisconsin Press, 1956. Pp. ix, …

Miscellaneous—Unfair Competition—Similarity Of Names, Thomas Rosinski

Buffalo Law Review

Playland Holding Corp. v. Playland Center, Inc., 1 N. Y. 2d 300, 135 N. E. 2d 202 (1956).

Interpretation Of Mcguire Act In Regard To Sales From Free Trade To Fair Trade Jurisdiction - General Electric Co. V. Masters Mail Order Co., Martin B. Greenfeld

Maryland Law Review

No abstract provided.

Maryland Fair Trade Laws Do Not Prohibit Advertising In Maryland Of Goods To Be Sold Elsewhere - Bissell Carpet Sweeper Co. V. Master Mail Order Co, Martin B. Greenfeld

Maryland Law Review

No abstract provided.

Contract Formalities And The Uniform Commercial Code, Francis E. Holahan

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss

Michigan Law Review

In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …

Constitutionality Of State Fair Trade Acts, Richard K. Bates

Indiana Law Journal

No abstract provided.

Miscellaneous—Creditor's Rights—Attorney's Lien, Jacob Sommerstein

Buffalo Law Review

Industrial Comm'r v. W. E. Hedger Transp. Corp., 1 N. Y. 2d 503, 136 N. E. 2d 524 (1956).

Commercial Law, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.

Patents - Misuse Doctrine - Exclusive Distributorship Agreements As Patent Misuse, Howard N. Nemerovski

Michigan Law Review

In a suit for infringement of a storm window patent, defendant claimed that relief should be denied because plaintiff allegedly misused the suit patent by requiring its wholesale distributors to maintain sales organizations devoted exclusively to the sale of plaintiff's windows, and by restraining the distributors from offering merchandise for sale in competition with any article manufactured or distributed by plaintiff. The patent did not comprise an element of the distributor agreements, but was mentioned therein. The trial court denied relief, sustaining the defense of misuse of the suit patent. On appeal, held, affirmed. A patentee's right does not …

Cash Sales, Worthless Checks And The Bona Fide Purchaser, Calvin W. Corman

Vanderbilt Law Review

The owner of goods or chattels in consummating a sale frequently accepts a check in exchange, only to discover that the check is worthless and that in the brief interval before dishonor the goods have been resold to a bona fide purchaser for value. On ascertaining the whereabouts of the goods, the initial owner seeks to repossess them or recover their reasonable value from the holder. A judicial question as to the relative rights of two innocent parties must therefore be determined.

This legal problem has received the attention of law review commentaries' and text writers and has been annotated …

Molding The Corporate Form To Particular Business Situations: Optional Charter Clauses, F. Hodge O'Neal

Vanderbilt Law Review

This paper looks into the usefulness of optional (or as they are sometimes called, "permissive" or "special") charter provisions' in molding the corporate form of business organization to meet the diverse needs of particular business situations. It first examines statutory materials and judicial decisions bearing on the validity and effect of optional provisions. It then considers optional clauses in current use and typical legal and business problems that optional clauses may help to solve. It shows that optional clauses often can be used to clarify the rights and other relations of participants in an enterprise, to avoid disadvantageous corporate "norms," …

Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond

Washington Law Review

The position of a person taking security interests in motor vehicles in Washington is plagued with uncertainties. A sharp increase in the rate of defaults on loans so secured could make that position not only uncertain, but precarious. This unsatisfactory state of affairs is caused by the obsolescence of the present system for providing constructive notice of such security interests. A comparison of that system, which consists of the Washington certificate of ownership statute and the conditional sales and chattel mortgage filing statutes, with the recently-drafted Uniform Motor Vehicle Certificate of Title and Anti-Theft Act makes this fact painfully obvious. …

Indiana Chattel Security Devices V. Article 9 Uniform Commercial Code

Indiana Law Journal

No abstract provided.

The Concept Of Good Faith In Negotiable Instrument Law, Edward T. Fagan

Indiana Law Journal

No abstract provided.

The Legal Aspects Of Money, By F.A. Mann, Charles Evan

Indiana Law Journal

No abstract provided.