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 6031 - 6060 of 6470

Full-Text Articles in Commercial Law

Corporations-Separation Of The Voting Power From Legal And Beneficial Ownership Of Corporate Stock, Richard V. Ehrick S.Ed. Feb 1949

Corporations-Separation Of The Voting Power From Legal And Beneficial Ownership Of Corporate Stock, Richard V. Ehrick S.Ed.

Michigan Law Review

The Supreme Court of Michigan recently decided the case of Ecclestone v. Indialantic, Inc., the important facts being as follows: in June, 1942, defendant Emmons, owner of 451 shares of the common stock of Indialantic, Inc., a Florida corporation, transferred his entire holding to the Detroit Orthopedic Clinic in payment of an antecedent debt, reserving to himself, however, the sole right to vote the stock until the assets of the corporation were substantially liquidated. In March, 1946, with notice of this reservation of the right to vote, the plaintiff purchased all of these shares from the Clinic and thereby …


Cartels Or Competition? The Economics Of International Controls By Business And Government, By George W. Stocking And Myron W. Watkins, Theodore J. Kreps Jan 1949

Cartels Or Competition? The Economics Of International Controls By Business And Government, By George W. Stocking And Myron W. Watkins, Theodore J. Kreps

Indiana Law Journal

No abstract provided.


Bills And Notes-Personal Liability Of Agent Who Signs Note Which Principal Has No Legal Power To Execute, N. S. Peterman S.Ed. Jan 1949

Bills And Notes-Personal Liability Of Agent Who Signs Note Which Principal Has No Legal Power To Execute, N. S. Peterman S.Ed.

Michigan Law Review

Defendant gave a note, signed by him in his representative capacity as village president, to plaintiff in payment for services rendered to the village. Defendant signed after he was authorized to do so by a resolution of the village board of trustees. The facts showed that the parties understood the village to be the primary obligor on the note. Actually, the village had no legal power to make such notes and could not have been indebted by them. Plaintiff sued defendant as an individual and won a verdict in the trial court. On appeal, held, reversed. Defendant having signed …


Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer Jan 1949

Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer

Michigan Law Review

Defendants, administrators of the estate of the deceased partner, agreed with the surviving partner to continue the partnership hotel business, with the approval of the probate court. After some operation, the surviving partner sued to compel the administrators to sell him the interest of the deceased at a value to be judicially determined. Defendants cross-complained, asking the court to liquidate the business and award them the amount of the interest of the deceased in the proceeds. Held, reversing the decree below, the assets of the dissolved partnership should be liquidated, in accord with defendants' prayer. Zach v. Schulman, …


An Evaluation Of The Techniques Of Acquiring Personal Jurisdiction Over Non-Residents Not Engaged In Business When A Single Commercial Transaction Has Been Breached, Robert E. Childs Jan 1949

An Evaluation Of The Techniques Of Acquiring Personal Jurisdiction Over Non-Residents Not Engaged In Business When A Single Commercial Transaction Has Been Breached, Robert E. Childs

Kentucky Law Journal

No abstract provided.


Corporations-Particular Language And Circumstances Making Preferred Dividends Cumulative, Albert B. Perlin, Jr. Nov 1948

Corporations-Particular Language And Circumstances Making Preferred Dividends Cumulative, Albert B. Perlin, Jr.

Michigan Law Review

The Securities and Exchange Commission filed a plan and requested an order under the Public Utilities Holding Company Act of 1935 to carry out the dissolution of the X company, a Delaware corporation, whose sole income-producing asset was the common stock of the Y company, a Kentucky corporation. The dissolution plan contemplated distributing to the shareholders of the Delaware company its holdings of the Kentucky company stock according to a pro-rata distribution ratio, based on the Class A Common and Class B Common stock of the Delaware company. Certain holders of the Class A Common shares of the Delaware company …


State Control Of Business Through Certificates Of Convenience And Necessity, By By Ford P. Hall, Franklin M. Schultz Oct 1948

State Control Of Business Through Certificates Of Convenience And Necessity, By By Ford P. Hall, Franklin M. Schultz

Indiana Law Journal

No abstract provided.


The Impostor Rule Jul 1948

The Impostor Rule

Indiana Law Journal

Notes: Negotiable Instruments


Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed. Jun 1948

Process-Obtaining Personal Jurisdiction Over Foreign Corporation By Service Of Process On Local Sales Agent, F. William Hutchinson S.Ed.

Michigan Law Review

Defendant, a Texas manufacturing corporation, employed a corporate agent to solicit orders in New York. The agent maintained a showroom, used defendant's name on its office door and stationery, and paid all the expenses of the New York business out of sales commissions. All orders were subject, to acceptance by the defendant and were filled from Texas. In an action for trade-mark infringement brought in the New York state court and removed to the federal district court, service of summons and complaint was made upon the manager of the New York agency. The district court quashed the service and dismissed …


Price Discriminations And Their Justifications Under The Robinson-Patman Act Of 1936, John T. Haslett Feb 1948

Price Discriminations And Their Justifications Under The Robinson-Patman Act Of 1936, John T. Haslett

Michigan Law Review

The Robinson-Patman Act was approved by the President on June 19, 1936. The purpose of the act was to amend section 2 of the Clayton Act, which prohibited price discriminations in interstate commerce. Congress, by amending section 2 of the Clayton Act, broadened the scope of the section by extending its purposes and prohibitions to price discriminations not formerly covered and by prohibiting other forms of discrimination which give favored purchasers undue cost advantages over their non-favored competitors. It also reduced the extent of requisite competitive injury.


Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii Feb 1948

Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii

Michigan Law Review

The attack upon alleged discrimination against industrial development of the South, Southwest, and West by the maintenance of higher freight-rates on shipments from those sections to the greater markets of the North and East has followed two plans: (1) complaint to the Interstate Commerce Commission to remedy the discrimination by the exercise of its power over the rates themselves; (2) anti-trust action against the agencies through which the rates are initiated. The second plan of attack is illustrated by prosecutions brought by the Department of Justice Anti-Trust Division against forty-seven western railroads for illegal conspiracy to set unfair freight-rates, and …


The Future Of Uniform Laws -- The Commercial Code, Frank Edward Horack Jr. Jan 1948

The Future Of Uniform Laws -- The Commercial Code, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Sales: Result Of Buyer's Receipt Of Defective Goods In Installment Contracts With Knowledge Of The Defect, Russel C. Jones Jan 1948

Sales: Result Of Buyer's Receipt Of Defective Goods In Installment Contracts With Knowledge Of The Defect, Russel C. Jones

Kentucky Law Journal

No abstract provided.


Corporations-Effect Of Merger Upon Apparent Rights Of Stockholders Under Preferred Stock Contracts, Charles M. Soller S.Ed. Jan 1948

Corporations-Effect Of Merger Upon Apparent Rights Of Stockholders Under Preferred Stock Contracts, Charles M. Soller S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the effect of merger upon some of the provisions of the preferred stock contract.


Sales Rationale Of Durable Product Distribution, Kenneth K. Luce Dec 1947

Sales Rationale Of Durable Product Distribution, Kenneth K. Luce

Michigan Law Review

This paper has been prepared to add the writer's bit to the long term struggle for uniformity in the commercial law, and particularly to point to some of the statutory changes in the law affecting distribution of durable goods which have added confusion where once the common law appears to have been on its way to a system more uniform and in accord with business practice and understanding.


Contracts, Sales And Assignments Jul 1947

Contracts, Sales And Assignments

Indiana Law Journal

Indiana Legislation, 1947


Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson Jun 1947

Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson

Michigan Law Review

It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."


In Good Faith And Without Notice Apr 1947

In Good Faith And Without Notice

Indiana Law Journal

Notes and Comments: Bills and Notes


Indiana Gross Income Tax And The Commerce Clause Apr 1947

Indiana Gross Income Tax And The Commerce Clause

Indiana Law Journal

Notes and Comments: Constitutional Law


Constitutional Law-Validity Of State Tax On Interstate Carrier Levied In Lieu Of Gasoline Tax. [Virginia] Mar 1947

Constitutional Law-Validity Of State Tax On Interstate Carrier Levied In Lieu Of Gasoline Tax. [Virginia]

Washington and Lee Law Review

No abstract provided.


Gross Receipts Taxes On Interstate Transactions, (Ain't God Tough On Indiana?), Allison Dunham Jan 1947

Gross Receipts Taxes On Interstate Transactions, (Ain't God Tough On Indiana?), Allison Dunham

Articles by Maurer Faculty

No abstract provided.


Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper Jan 1947

Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


Taxation--Receipts From Extrastate Activity--"Service" Or "Collecting Income", E. I. E. Dec 1946

Taxation--Receipts From Extrastate Activity--"Service" Or "Collecting Income", E. I. E.

West Virginia Law Review

No abstract provided.


Taxation--Receipt Of Income--Satisfaction Of Judgment After Assignment As Income To Assignor, R. F. M. Dec 1946

Taxation--Receipt Of Income--Satisfaction Of Judgment After Assignment As Income To Assignor, R. F. M.

West Virginia Law Review

No abstract provided.


Taxation--Systemic Proportionate Overvaluation--Special Classification Of Money And Credits Of Building And Loan Companies, J. H. Dec 1946

Taxation--Systemic Proportionate Overvaluation--Special Classification Of Money And Credits Of Building And Loan Companies, J. H.

West Virginia Law Review

No abstract provided.


Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed. Nov 1946

Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed.

Michigan Law Review

The Federal Trade Commission in proceedings under section 5 of the Federal Trade Commission Act found, inter alia, that petitioner, a manufacturer of overcoats, used a deceptive and misleading trade name, Alpacuna, which induced the erroneous belief that its coats contained vicuna. The commission issued a cease and desist order banning the use of the word Alpacuna to describe petitioner's coats. The circuit court of appeals found that the commission's findings were supported by substantial evidence, but felt that the remedy was unduly harsh because of the fact that the public interest could have been adequately protected by using qualifying …


Torts-Liability Of Hotel Keeper For Refusing Dining Service To Person Not Lodging In Hotel. [Virginia] Sep 1946

Torts-Liability Of Hotel Keeper For Refusing Dining Service To Person Not Lodging In Hotel. [Virginia]

Washington and Lee Law Review

No abstract provided.


Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed. Jun 1946

Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed.

Michigan Law Review

Plaintiff purchased at a retail shop some perfume manufactured by defendant. Plaintiff suffered a second-degree burn when she applied the perfume to her skin, and brought suit against the manufacturer. The lower court entered a judgment for the defendant after the jury had brought in a verdict for the plaintiff. Held, reversed, and lower court ordered to render its judgment in favor of plaintiff upon verdict returned by jury; the manufacturer was liable for negligence to the plaintiff even though there was no privity of contract between them. Carter v. Yardley & Co., Limited, (Mass. 1946) 64 N.E. …


Business Organizations, Ben F. Small Jr. Apr 1946

Business Organizations, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.


Contracts, Sales, Insurance, Henry B. Witham Apr 1946

Contracts, Sales, Insurance, Henry B. Witham

Indiana Law Journal

No abstract provided.