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Articles 6211 - 6240 of 6462

Full-Text Articles in Commercial Law

Bulk Sales Laws: Transactions Covered By These Statutes, Thomas Clifford Billig, Kingsley Richard Smith Jun 1933

Bulk Sales Laws: Transactions Covered By These Statutes, Thomas Clifford Billig, Kingsley Richard Smith

West Virginia Law Review

This paper will carry forward the discussion of bulk sales legislation begun in an article entitled "Bulk Sales Laws: A Study in Economic Adjustment", and continued in a second article entitled "Bulk Sales Laws: A Study in Statutory Interpretation." The first paper "considered three phases of the bulk sales problem: (1) the inability of the American statutory successors of 13 Elizabeth to meet the legal needs of the creditor class when a defrauding merchant sold out in bulk his stock of unpaid for goods to a bona fide purchaser for value; (2) the campaign waged by the National Association of …

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Bills And Notes-Negotiability-Accelerating Time Of Payment Jun 1933

Bills And Notes-Negotiability-Accelerating Time Of Payment

Indiana Law Journal

No abstract provided.

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Constitutional Law-Regulation Of Private Businesses Jun 1933

Constitutional Law-Regulation Of Private Businesses

Indiana Law Journal

No abstract provided.

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State Regulation Of Interstate Motor Carriers, Paul G. Kauper Jun 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …

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Railroads - Power Of Interstate Commerce Commission To Order Extensions Jun 1933

Railroads - Power Of Interstate Commerce Commission To Order Extensions

Michigan Law Review

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …

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State Regulation Of Interstate Motor Carriers, Paul G. Kauper May 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …

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Conditional Sales-Rights Of Parties On Default May 1933

Conditional Sales-Rights Of Parties On Default

Indiana Law Journal

No abstract provided.

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Conditional Sales - Repossession - Use Of Force May 1933

Conditional Sales - Repossession - Use Of Force

Michigan Law Review

A conditional seller, in order to repossess an automobile from a defaulting buyer unwilling to relinquish possession, forcibly expelled her from the car, assisted by local police acting merely at the vendor's request. In the scuffle she was knocked down. Her resulting rage moved the police to imprison her temporarily. In her subsequent action for damages the trial court instructed that if no more than reasonable force had been used the jury should find for the defendants. Held, the right of recapture does not include the right to use such force as was reasonably necessary. Roberts et ux. v. …

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Sales-Breach Of Implied Warranty-Liability For Death Apr 1933

Sales-Breach Of Implied Warranty-Liability For Death

Michigan Law Review

The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …

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Federal Trade Commission - False And Misleading Advertising Apr 1933

Federal Trade Commission - False And Misleading Advertising

Michigan Law Review

The law provided neither practical remedies nor suitable means of preventing false and misleading advertising before the passage of the Federal Trade Commission Act in 1914. The doctrine of caveat emptor had long prevented the effectual protection of misled customers and of competitors consequently injured. True, competitors could enjoin or recover damages-for injury by misleading advertising which took the form of common law "unfair competition." The courts had found no great difficulty in extending established common law principles to make unlawful such obvious violations of the proprietary rights of particular competitors as "simulation" and "disparagement." Although there is little question …

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Carriers - State Regulation Of Interstate Motor Carriers Feb 1933

Carriers - State Regulation Of Interstate Motor Carriers

Michigan Law Review

Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …

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Carriers - Misdelivery Feb 1933

Carriers - Misdelivery

Michigan Law Review

An impostor represented himself to P, a dealer in live stock, as Will Buntrock, a substantial South Dakota farmer. P, after being satisfied as to the identity of the person with whom he was dealing face to face, took from him a property statement which proved to be correct according to the South Dakota records. A contract for the sale of certain cattle was made between P and the impostor. The impostor gave P a promissory note for the contract price plus the freight charges, and a chattel mortgage on the stock purchased. P delivered the cattle to …

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Some Conflict Of Laws Problems Pertaining To Bills And Notes, C. Severin Buschmann Jan 1933

Some Conflict Of Laws Problems Pertaining To Bills And Notes, C. Severin Buschmann

Indiana Law Journal

No abstract provided.

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Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading Jan 1933

Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading

Michigan Law Review

Goods were shipped from Maine to El Paso, Texas, on a through bill of lading which provided that the carrier in possession of the property described "shall be liable as at common law for any loss thereof or damage thereto." The goods were destroyed by fire, without negligence, while in the possession of the Galveston Wharf Company. This company owned, in addition to certain piers, railroad trackage from these piers to connections with the delivering carrier and other railroads running out of Galveston. Its filed tariff provided that it should be liable only for negligence. Held, the Wharf Company's …

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Public Callings-When Is A Business A Public Calling-Regulation To Which They May Be Subjected Jan 1933

Public Callings-When Is A Business A Public Calling-Regulation To Which They May Be Subjected

Indiana Law Journal

No abstract provided.

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Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier Jan 1933

Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier

Michigan Law Review

Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …

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Constitutional Law - Interstate Commerce - Tax On Gasoline Imported From Another State And Stored For Local Consumption Dec 1932

Constitutional Law - Interstate Commerce - Tax On Gasoline Imported From Another State And Stored For Local Consumption

Michigan Law Review

The South Carolina Tax Act of 1930 levied a "license" tax of six cents per gallon on all persons who imported gasoline into South Carolina and kept it in storage there for purposes of local consumption, provided such gasoline had not already been subjected to the payment of license taxes upon the sale thereof by local dealers according to the gasoline tax acts of 1925 and 1929. The plaintiff imported gasoline from dealers outside the State, storing the gasoline in its tanks and using it for the purposes of its bleachery business. Held, that the 1930 Tax Act was …

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Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable Nov 1932

Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable

Michigan Law Review

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …

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Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance Nov 1932

Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance

Michigan Law Review

Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.

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Bulk Sales Laws: A Study In Statutory Interpretation, Thomas Clifford Billig, Kingsley R. Smith Jun 1932

Bulk Sales Laws: A Study In Statutory Interpretation, Thomas Clifford Billig, Kingsley R. Smith

West Virginia Law Review

This article is the second of a series which proposes to deal with several aspects of bulk sales legislation. The first paper, entitled "Bulk Sales Laws; A Study in Economic Adjustment" appeared in the November, 1928 issue of the University of Pennsylvania Law Review. That discussion considered three phases of the bulk sales problem: (1) the inability of the American statutory successors of 13 Elizabeth to meet the legal needs of the creditor class when a defrauding merchant sold out in bulk his stock of unpaid for goods to a bona fide purchaser for value;(2) the campaign waged by the …

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Sales-Conditional Sale-Accession May 1932

Sales-Conditional Sale-Accession

Indiana Law Journal

No abstract provided.

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Sales - What Constitutes Notice Of Defective Title May 1932

Sales - What Constitutes Notice Of Defective Title

Michigan Law Review

A retail dealer in automobiles sold to the plaintiff a new and unregistered automobile. This car had previously been sold by the dealer to a third person, under a conditional sale agreement. This contract the dealer assigned to the plaintiff who recorded it, together with the assignment. Neither the conditional vendor nor the plaintiff took possession of the car which was left in the dealer's possession. Thereafter the dealer sold it to the defendant who purchased for value and without actual notice and took possession. The plaintiff sought to recover the car in an action of replevin. Held, the …

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Negotiable Instruments-Filling Blank-Cognovit Note Apr 1932

Negotiable Instruments-Filling Blank-Cognovit Note

Indiana Law Journal

No abstract provided.

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Handbook Of The Law Of Sales, By Lawrence Vold, Robert C. Brown Apr 1932

Handbook Of The Law Of Sales, By Lawrence Vold, Robert C. Brown

Indiana Law Journal

No abstract provided.

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An Important Study Of The Interstate Commerce Commission Apr 1932

An Important Study Of The Interstate Commerce Commission

Michigan Law Review

A review of THE INTERSTATE COMMERCE COMMISSION - A STUDY IN ADMINISTRATIVE LAW AND PROCEDURE. By I. L. Sharfman

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A Valuable Handbook, John B. Waite Apr 1932

A Valuable Handbook, John B. Waite

Michigan Law Review

A review of VOLD ON SALES. (Hornback Series) By Lawrence Vold.

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Brokers-Commission-When Earned Mar 1932

Brokers-Commission-When Earned

Indiana Law Journal

No abstract provided.

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Vendor And Purchaser - Liability Of Purchaser In Possession For Rent Mar 1932

Vendor And Purchaser - Liability Of Purchaser In Possession For Rent

Michigan Law Review

Defendant contracted to buy land from plaintiff for $2500. He was to have the right to immediate possession when the balance due was reduced to $1000, but he took possession at once, apparently without objection from plaintiff. A year later, the payments made totalling only $150, plaintiff sued for the unpaid balance, and for rent for the year. Held, he was entitled to both. Prouty v. Tupper (S. D. I93I) 236 N.W. 303.

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Mechanic's Liens-Waiver-Revival After Waiver Feb 1932

Mechanic's Liens-Waiver-Revival After Waiver

Indiana Law Journal

No abstract provided.

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Carriers - Allocation Of Rate Charges On Cost Basis Feb 1932

Carriers - Allocation Of Rate Charges On Cost Basis

Michigan Law Review

In a proceeding in equity to secure the annulment of an order of the Interstate Commerce Commission fixing the cost of icing, for shipments of poultry and dairy products originating in the six western states, on the "cost of ice" basis already existing in the other forty-two states, it was held that the rate is reasonable if it furnishes reasonable and adequate return for service rendered, and such return must pay cost of that service as distinguished from all other service, plus reasonable profit thereon; but that, in arriving at this "cost of ice" rate, the Interstate Commerce Commission was …

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