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Articles 6121 - 6150 of 6462

Full-Text Articles in Commercial Law

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson Apr 1939

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson

Michigan Law Review

Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.

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Sales - Effect Of Buyer's Insolvency On Seller's Duty To Deliver Or Tender Goods, John H. Uhl Apr 1939

Sales - Effect Of Buyer's Insolvency On Seller's Duty To Deliver Or Tender Goods, John H. Uhl

Michigan Law Review

The plaintiff ordered goods from the defendant for immediate delivery, terms, $1,500 down, balance in three and six months, notes being given for the unpaid balance. The defendant accepted the order. When the check which the plaintiff gave for the down payment was dishonored, the defendant investigated his financial condition and discovered that there were a number of unsatisfied judgments against him. On learning this, the defendant notified the plaintiff that he could not make the sale on credit but would do so on a cash basis. Upon the plaintiff's refusal to accede, the defendant notified him that the order …

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Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher Mar 1939

Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher

Michigan Law Review

Appellant, an Ohio corporation, was engaged exclusively in interstate commerce as a common carrier of property for hire by motor vehicle. In 1937 the Georgia legislature passed a Maintenance Tax Act which provided, inter alia, for a tax, graduated according to manufacturer's rated capacity, on each motor common carrier for hire, and a tax, substantially smaller in the respective rated capacities, on each motor vehicle not used as a common carrier for hire. Appellant contested the validity of the tax on the grounds that it was repugnant to the commerce clause of the Constitution and that it violated the equal …

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Taxation - Interstate Commerce -Compensating Use Tax, Menefee D. Blackwell Mar 1939

Taxation - Interstate Commerce -Compensating Use Tax, Menefee D. Blackwell

Michigan Law Review

The California Use Tax Act of 1935 imposed an excise tax on the storage or use of personal property purchased in other states and brought into California. Plaintiff railway, engaged in both intrastate and interstate commerce, purchased supplies out of the state and imported them for the purpose of adding to and replacing worn out and broken equipment necessary for the operation of its offices and road. Some of the property acquired was stored a short period of time before it was used and some was used immediately on arrival for the purpose for which it had been imported. The …

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Carriers - Discrimination -Allowance In Lieu Of Spotting Service By Railroads -Validity Of Cease And Desist Order, Arthur P. Boynton Feb 1939

Carriers - Discrimination -Allowance In Lieu Of Spotting Service By Railroads -Validity Of Cease And Desist Order, Arthur P. Boynton

Michigan Law Review

Nine industrial corporations sought to set aside an order of the Interstate Commerce Commission commanding the railroad or railroads serving industrial plants of the plaintiffs to cease and desist from the payment of allowance for the spotting of cars and switching services performed by plaintiffs on plant facilities. They contended the commission exceeded its powers in making the order and that its findings were not supported by substantial evidence. Held, that there was substantial evidence to support the findings and that the order was valid and should be sustained. United States v. Pan American Petroleum Corp., 304 U.S. …

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Negotiability Of A Confessed Judgment Note Payable On Demand - Iglehart V. Farmers National Bank Jan 1939

Negotiability Of A Confessed Judgment Note Payable On Demand - Iglehart V. Farmers National Bank

Maryland Law Review

No abstract provided.

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Unrecorded Conditional Sale - Time Of Buyer's Creditor's Reliance - Friedman V. Sterling Refrigerator Co. Jan 1939

Unrecorded Conditional Sale - Time Of Buyer's Creditor's Reliance - Friedman V. Sterling Refrigerator Co.

Maryland Law Review

No abstract provided.

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Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler Jan 1939

Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler

Michigan Law Review

A common carrier engaged in interstate commerce applied to the Interstate Commerce Commission for a certificate of convenience and necessity as required by section 206 of the Federal Motor Carrier Act of 1935. The carrier relied on the proviso authorizing the commission to grant a certificate without a showing of public convenience and necessity where the applicant was a carrier in bona fide operation on June 1, 1935; the statute further privileged a carrier applying for a certificate under this proviso to continue operation pending determination of its application. The State Railroad Commission of Texas earlier in 1934 had denied …

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Municipal Corporations - Licenses - Amount Of Fee, S. R. Stroud Jan 1939

Municipal Corporations - Licenses - Amount Of Fee, S. R. Stroud

Michigan Law Review

The defendant, a sandwich peddler, was convicted in the justice court of violation of an ordinance requiring peddlers to have a license. Upon appeal to the circuit court the conviction was set aside on the ground that the ordinance requiring a peddler to obtain a license at $150 per vehicle per year was invalid since the fee was unreasonably high. Held, the circuit court should be reversed and the conviction sustained since the amount of the license fee could not be considered unreasonably excessive in view of all the circumstances. People v. Riksen, 284 Mich. 284, 279 N. …

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Bills And Notes-Presentment Of A Domiciled Note-Payment To One Other Than The Holder As Constituting Discharge Dec 1938

Bills And Notes-Presentment Of A Domiciled Note-Payment To One Other Than The Holder As Constituting Discharge

Indiana Law Journal

No abstract provided.

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Relationship Between Depositor Of Commercial Paper And Bank-Bank Collection Code Dec 1938

Relationship Between Depositor Of Commercial Paper And Bank-Bank Collection Code

Indiana Law Journal

No abstract provided.

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Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy Dec 1938

Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy

Michigan Law Review

Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).

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Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer Nov 1938

Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer

Michigan Law Review

When a manufactured article fails to meet the reasonable expectations of the purchaser-user and in consequence he suffers personal injury or property damage, is the manufacturer responsible? When the user purchases from the manufacturer, so that there is privity of contract and the formulated concepts of sales and warranty law are available, we have a relatively simple situation which it is not the primary purpose of this paper to discuss. The common-law concepts for dealing with such problems seem to have been formulated in times when this privity element was usually present, and it is therefore not a matter of …

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Security-Distribution Of Proceeds Aug 1938

Security-Distribution Of Proceeds

Indiana Law Journal

No abstract provided.

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The Indiana Judgment Lien Law Of 1929, Thomas J. Hurley Jun 1938

The Indiana Judgment Lien Law Of 1929, Thomas J. Hurley

Indiana Law Journal

No abstract provided.

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Sales-Liability Of A Manufacturer For Misrepresentations To Sub-Purchaser Jun 1938

Sales-Liability Of A Manufacturer For Misrepresentations To Sub-Purchaser

Indiana Law Journal

No abstract provided.

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Payments-Surety's Right To Direct Application Jun 1938

Payments-Surety's Right To Direct Application

Indiana Law Journal

No abstract provided.

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Constitutional Law -Validity Of Registration Provisions Of Public Utility Holding Company Act Of 1935, Gerald L. Stoetzer Jun 1938

Constitutional Law -Validity Of Registration Provisions Of Public Utility Holding Company Act Of 1935, Gerald L. Stoetzer

Michigan Law Review

In recognition of the abuses that arise from the monopolistic tendencies of holding companies in the public utility field and of the inability of the respective states to exert the necessary control thereof, Congress has attempted to draw certain of the public utility holding companies within the inquisitorial and regulatory control of the federal Securities and Exchange Commission. The Public Utility Holding Company Act of 1935, reciting in great detail facts showing the necessity for control of holding companies having as subsidiaries electric and gas operating utilities, indicates that Congress regarded the uncontrolled utility holding company as "an agency which, …

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Taxation - Sales - Recovery Of Processing Taxes - Remedies Of The Buyer, Keith P. Bondurant May 1938

Taxation - Sales - Recovery Of Processing Taxes - Remedies Of The Buyer, Keith P. Bondurant

Michigan Law Review

Defendant, a flour milling company, was subjected to payment of processing taxes under the Agricultural Adjustment Act. It entered into contracts with plaintiffs, by the terms of which the amount of such taxes was included in the purchase price of flour. The contracts provided that the amount of any decrease in processing taxes levied against defendant would inure to the benefit of the buyers and be credited against the contract price. Meanwhile, defendant, contesting the validity of the tax, had deposited in court a sum equal to the amount of accrued taxes. After the Supreme Court invalidated the A. A. …

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Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy May 1938

Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy

Michigan Law Review

In a slander of title action, the complaint alleged that defendant requested plaintiffs to write a motion picture scenario based on historical events, but after plaintiffs submitted the scenario, defendant rejected it. Thereafter defendant announced its intention, by filing a statement with a voluntary association of motion picture producers, to produce a picture based on the same plot as that contained in plaintiffs' scenario. As a result, plaintiffs were unable to sell their scenario to any other producer. Held, that the complaint was insufficient in the absence of an allegation of special damages. Carrol v. Warner Bros. Pictures, Inc. …

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Injunctions - Defamation - Injury To Business, Charles E. Nadeau May 1938

Injunctions - Defamation - Injury To Business, Charles E. Nadeau

Michigan Law Review

A complaint praying for an injunction alleged that plaintiff, a retail dealer in automobiles, sold defendant an automobile in good condition; that defendant complained of the steering and demanded a replacement of the parts; that upon inspection, the steering apparatus was found to be in good condition and defendant's request was refused; that thereafter defendant carried signs on the car indicating that it was defective and that plaintiff would do nothing about it; and that he did this, knowing that his claims were false, solely for the purpose of injuring plaintiff and to extort money from him. On overruling a …

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Implied Warranties In West Virginia, A. F. G., J. P. R. Apr 1938

Implied Warranties In West Virginia, A. F. G., J. P. R.

West Virginia Law Review

No abstract provided.

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Taxation - Compensating Use Tax - Theory - Burden On Interstate Commerce, Brackley Shaw Apr 1938

Taxation - Compensating Use Tax - Theory - Burden On Interstate Commerce, Brackley Shaw

Michigan Law Review

The California Use Tax Act of 1935 imposes an excise tax on the storage or use of personal property purchased in other states and brought into California. Plaintiff railroad bought materials and supplies in other states and stored them in California before installation on its interstate railroad system, and the tax was assessed on them. Held, the tax is unconstitutional as applied to such property as a direct burden on interstate commerce. Where the property was purchased for the sole purpose of being reserve equipment in an interstate commerce plant it is employed in interstate commerce from the time …

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Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher Apr 1938

Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher

Washington Law Review

In a recent Washington case, Paulsen Estate, Inc. v. Naches-Selah Irrigation District, the Supreme Court was called upon to decide whether the payment of the liquidated portion of a debt was a sufficient consideration for the discharge of the remaining part which was disputed by the parties. The court's decision that the debtor was thereby discharged presents a phase of accord and satisfaction which has had a peculiar history in this state.

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Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau Apr 1938

Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau

Michigan Law Review

A broker is, in general, an intermediary or "go-between" in the business of negotiating contracts for others. His economic function is that of bringing buyer and seller together. A motor transportation broker is engaged in the business of arranging for contracts dealing with motor transportation service. His function is to bring together a prospective passenger or shipper seeking service and a carrier willing to provide the service demanded. "Tourist agency," "travel bureau," and "share-the-expense agency" are familiar terms used to designate the passenger transportation broker. There is a larger, but not so wellknown, group of brokers dealing in the hauling …

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Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper Apr 1938

Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

A South Carolina statute limited the width of motor trucks (including semi-trailers) to 90 inches and their gross weight to 20,000 pounds. The validity of this legislation was challenged before a three-judge federal court on three grounds: (1) that it was a denial of due process under the Fourteenth Amendment; (2) that the power of the states to regulate size and weight of motor vehicles used in interstate commerce had been superseded by the Federal Motor Carrier Act of 1935; (3) that the statute as applied to vehicles used by interstate motor carriers placed an unreasonable burden upon interstate commerce. …

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Carriers Distinction Between Common Carriers And Contract Carriers, Marcus L. Plant Mar 1938

Carriers Distinction Between Common Carriers And Contract Carriers, Marcus L. Plant

Michigan Law Review

In the recent case of Ace-High Dresses, Inc. v. J.C. Trucking Co., the defendant was a corporation organized for the purpose of doing a general trucking business. At the time of the suit it was operating under separate contracts with five dressmaking establishments, one of which was the plaintiff. Under these contracts the defendant trucked dress goods every day except Sunday. The goods were taken on in New York, carried to New Haven, Hartford or Bridgeport, left there until processed, and then taken back to New York. The defendant's drivers had keys to the factories of the processors, entered …

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Municipal Corporations - Police Power - Extraterritorial Effect, Gerald M. Stevens Mar 1938

Municipal Corporations - Police Power - Extraterritorial Effect, Gerald M. Stevens

Michigan Law Review

A city ordinance prohibited the sale of ice cream within the city unless the seller had first obtained a certificate of registration from the city. The certificate could be obtained by registering the applicant's state ice cream factory license with the city commissioners of health, allowing an inspection of his factory, and paying an annual inspection fee. Defendant sold ice cream in the city without having done so. His factories were located two counties distant from the city; they had been duly licensed by the state. On prosecution by the city, held, the ordinance was void on the ground …

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Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Michigan Law Review Mar 1938

Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Michigan Law Review

Michigan Law Review

A municipal ordinance required that all local business concerns selling or distributing food stay open for business only during the hours of duty of the municipal meat and food inspector. Hotels, restaurants, boarding houses, confectioneries, drug stores, soda fountains, and milk and cream dispensers were expressly excepted from these requirements. Plaintiff, a general grocery store, sought an injunction against the enforcement of these provisions, alleging that they were unreasonable and that the exceptions were discriminatory. Held, that under its police power to protect the public health, the municipality was authorized to pass such an ordinance as an aid to …

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Unfair Competition-Functional And Nonfunctional Parts Feb 1938

Unfair Competition-Functional And Nonfunctional Parts

Indiana Law Journal

No abstract provided.

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