Commercial Law Commons^™

Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite

Articles

A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.

Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard

Articles

The marvelous possibilities for collision between State and Nation involved in our dual form of government are nowhere better or more often exhibited than in commerce regulation. We have long been learning the definition of the commerce which the constitution gives Congress power to regulate. It is only recently that we are finding how this power reaches over into purely intrastate business done by a carrier also engaged in interstate commerce. That nearly all rail carriers are now engaged in such business, even when their lines are wholly intrastate, has been often illustrated under the Second Employer's Liability Act. In …

Combination Not Competition Of Railroads, Blewett Lee

Michigan Law Review

In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …

Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr

Michigan Law Review

Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.

Reasonable Rates, Henry Hull

Michigan Law Review

The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.

Carmack Amendment In The State Courts, Wayland H. Sanford

Michigan Law Review

Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …

Código De Comercio, Panamá

Mario Diaz Cruz Library

Edición oficial.

At head of title: República de Panamá.

Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross

Michigan Law Review

The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?

Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman

Michigan Law Review

The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.

Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter

Michigan Law Review

Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school

Recovery Of The Purchase Price Before Title Has Passed, John B. Waite

Articles

In an action recently instituted by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and Shawhan v. Van Nest. 25 Oh. St. 490. The court …

Can A Manufacturer Be Compelled To Sell?, Henry M. Bates

Articles

The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sons Company, 220 U. S. 373, 31 Sup. Ct. 376, 55 L. Ed. 502, and Bauer & Cie v. O'Donnell, 229 U. S. 1, 33 Sup. Ct. 616, 58 L. Ed. 1041, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more …

Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake

Michigan Law Review

The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Commodity Clause Of The Hepburn Act, Edwin C. Goddard

Articles

The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.

Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard

Articles

A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.

The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard

Articles

An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr

Michigan Law Review

The Constitutionality of the Webb-Kenyon Act - In the constitutional history of the commerce clause, by virtue of which absolute control of interstate commerce was given to the Federal Government, there is no question which has caused so much difficulty and has resulted in so many unsatisfactory and contradictory. statements of the law as that problem arising through the attempts of many States effectively to enforce prohibition laws. The power over interstate commerce, delegated to the Federal Government, and the police power, reserved to the States, have not seriously conflicted except in this one instance. But the delegation of power …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler

Michigan Law Review

A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Les Codes Marocains, Émile Larcher

Civil Codes (1800-1923)

Annotés des dahirs et arrêtés pris pour la exécution.

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton

Michigan Law Review

When the American Bar Association was formed in 1878, the first object stated in the call was "to assimilate the laws of the different states," and the first article of the Constitution stated that one of the principal objects of the Association was "to advance the science of jurisprudence, to promote the administration of justice and uniformity of legislation throughout the Union."

Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall

Michigan Law Review

What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …

Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler

Michigan Law Review

The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …

Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon State Laws as to Limitation by Contract of the Amount of the Liability of a Common Carrier - Three recent decisions of the Supreme Court of the United States involving the construction, of the Carmack Amendment to the Hepburn Act may be considered together, as the second was governed wholly and the third largely by the decision of the first. In the first case plaintiff delivered to defendant express company at Cincinnati, Ohio, a diamond, ring consigned to Augusta, Georgia. The package was never delivered, and plaintiff recovered judgment …