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References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type
to ARTICLES.

С

CANCELLATION OF INSTRU Partial assignments. 104-105,
MENTS.

107-108, 481-484, 646
Contracts: unilateral mistake of fact Successive assignments: effect of
by offeror.

637, 649
notice to the debtor.

484
CARRIERS.

Whether assignment gives the as-
Bills of lading : Construction of signee complete ownership at law.
“Restraint of Princes" in a bill of

97–108, 449-485

lading.

516

What is meant by saying that the

Liability of consignor for freight.

assignee is legal owner. 452-473

760

What may be assigned: Assign-

Custody and control of goods: ability of contract of indemnity.

Sellers' liability for freight after

286

stoppage in transitu.

296 Effect of waiver of restriction on

Demurrage:

Right of carrier to assignment.

charge demurrage on privately COLLATERAL SECURITY.

owned cars on public and on pri Loss of collateral as defense to liability

vate tracks.

756, 765

on negotiable paper.

514

Federal regulation: Power of com- COMMISSIONS.

mission to raise rates after elimina See Constitutional Law.

tion of water competition due to

Of executor who was also trustee. 189

natural causes.

276, 291

CONFLICTS OF LAWS.

Limitations of liability: Agreed

See also Taxation.

valuation: in general

645

Validity where goods are converted.

Effect and performance of con-

645

tracts: Application of French

Passengers: who are passengers:

moratorium to a contract to be

Child riding free at invitation of

performed in another country.

motorman.

286

390

Jurisdiction for divorce: Non-resi-

Recovery of person not a passenger

for injury caused by misfeasance

dent husband bringing action in

of conductor.

289

state alleged to be separate resi-

Personal injuries to passengers:

dence of wife.

390

Duty to protect from assault. 81 Validity of foreign decree against

non-resident based on constructive

Sleeping cars: Liability of carrier for

service.

82

Pullman employees to trespasser.

81

Jurisdiction of courts: in general:

CERTIFICATION.

Sources classified

676-678

Personal jurisdiction: Service:

Of checks, see Banks and Banking;

Bills and Notes.

service by publication as a denial

of due process.

761

CHARTER-PARTY.

Consent as basis.

677-678,
See Contracts.

689-695, 702
CHECKS.

Service: substituted service on non-
See under Bills and Notes.

resident individual doing business

CHILD LABOR LAWS.

in state by notice to place of

See Infants.

business.

696-702

CHOSES IN ACTION.

Jurisdiction of courts: jurisdic-
Gifts: Parol extinguishment of debt. tion in rem: Jurisdiction of

760

federal courts to adjudicate juris-
Manner and effect of assignment:

dictional facts in bankruptcy cases
Effect of assignment at law and and to adjudicate bankruptcy. 640
in equity:

449-485

Recognition of foreign judgments:
Rights and liabilities of assignee: Equitable decree as a cause of

Debtor's right to set off against the action in another state. 522
assignee claims against the as Remedies: right of action: Re-

signor. 101-102, 106, 473-475 covery for mental anguish due to
Latent equities: how far binding on negligent non-delivery of inter-
assignee. 102-104, 107, 475-480 state telegram.

391

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type

to ARTICLES

Rights and obligations of foreign religious: Liberty to contract as

corporations: Nature of the affected by “ Bulk Sales " Law.

right evidenced by a share of

517

stock.

486, 516

Restriction on freedom of press by

Whether shareholder in a corpora- enjoining publication of injurious

tion is bound by the laws of state falsehoods.

172, 188

incorporation or of state in which Validity of city ordinance making it

business is conducted.

393

a misdemeanor to refuse to pay

CONSIDERATION.

taxicab hire with imprisonment

What constitutes consideration: as a penalty:

394

Promise to supply indefinite needs

Powers of the judiciary: Power of

of a business.

517

Australian judiciary to hold stat-

CONSTITUTIONAL LAW.

utes unconstitutional.

Army and navy clauses: Implica-

599, 609-613

tions for war legislation. 667–675

Powers of legislature: delegation

Construction, operation and on-

of powers: Power of adminis-

trative board to declare a statute

forcement of constitution:

unconstitutional.

Constitutional interpretation in

386, 394

Australia, Canada and the United

Powers of legislature: taxation:

States compared. 615-618

Constitutionality of an income

Construction, operation and en-

tax on a corporation engaged in
forcement of constitutions:

export trade.

82

Construction of the Australian

Powers of legislature: implied

Constitution Act by reference to

powers: Federal power to incor-

American authorities. 601-607

porate railway companies and

Enforcement of the Australian Con-

regulate them.

589-593

stitution Act: by the high court

Powers of legislature: delegation

of Australia.

600-611

of powers: Under English law.

Enforcement of the Australian Con-

664-666
stitution Act: by Australian

Powers of legislature: implied
state courts.

611-615

powers: War emergency legisla-

Enforcement of the Australian Con-

tion.

667–675

stitution Act: whether the privy

Powers of legislature: military
council has authority. 605-608 organization : Effect of creation
Meaning of term legislature in fed- of national guard on militia. 176,
eral constitution.
184

191, 712-723
Due process of law: For service on Privileges, immunities and class

non-resident, see Conflict of Laws legislation: Conditioning busi-
(Jurisdiction of Courts).

activities of non-resident

War emergency legislation. 672-074 individual on subjection to juris-

Validity of experimental legislation: diction by non-personal service.

Adamson Law.

739

696-702

Enforcement of judgments: Full Conditioning business activities of

faith and credit to findings of non-resident unincorporated asso-

jurisdictional facts.

640 ciations doing business within

Federal and state powers: Federal

state.

702-711

power to incorporate railway com- Right of prisoner to be confronted
panies and regulate them.

with witnesses against him. 84

589-593 Personal rights: civil, political and

Nature and development of con- religious: Right to speedy and

stitutional government: De-

public trial.

771

velopment of constitutional gov- Privileges, immunities and class
ernment under the Constitution legislation: Statute requiring
Act of the Commonwealth of autoist injuring any person to
Australia.

595-618

return to scene of the accident

English War Cabinet (1916–) as a and reveal his identity as affect-

constitutional experiment.

ing the privilege against self-

781-792

incrimination.

195

Features of the Australian Con- Validity of statute abolishing in-
stitution Act.

597-600

junctive remedy in labor disputes.
Personal rights, civil, political and |

75, 85

ness

References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type

to ARTICLES.

Separation of powers: Impossibility curing enlistment in the army by

of enforcing separation in the or- fraudulently misrepresenting age.

ganization of special administra-

285

tive bodies.

4 36-447

Defenses: impossibility: Impossi-
Power of administrative board to bility caused by domestic law.
declare a statute unconstitutional.

Remedies for breach of contract:

Power of legislature to punish for Action by attorney because of

contempt.

client's discharging him without

Suspension of sentence as exercise

cause.

of the pardoning power.

Suits by third persons not parties

369, 396 to the contract: Vendor's lien
Trial by jury: Public trial.

771

given to beneficiary of contracts

for sale of land.

92

CONSTRUCTIVE TRUSTS.

Misconduct by non-fiduciaries: CONVEYANCES AND TRANSFERS

Insured person murdered by bene- OF PROPERTY.

ficiary: trust in favor of estate. See also Dower; Tenancy in Common.

622, 651 COPYRIGHT.

Title acquired by murderer held Injunction by one co-owner of a copy-
subject to constructive trust.

right against infringement by the

622, 647 other.

91

CONTEMPT.

CORPORATIONS.

Acts of conduct constituting con- See also Voluntary Associations; Tax-
tempt: Refusal to pay alimony. ation; Agency; Conflict of Laws;

518 Trademarks and Trade names;
Punishment for contempt: Power Process.
of legislature to punish contempt. Capital, stock and dividends: Na-

ture of the right represented by a

CONTRABAND.

share of stock.

486, 516

Confiscation of neutral ship for carry- Right of assignee of holder of stock

ing contraband cargo.

certificates in excess of charter

limit.

185

CONTRACTS.

Citizenship and domicile: Enemy

See also Choses in Action; Insurance;
Sales;

character attaching to domestic

Performance;

Specific

corporation with alien enemies as

Telegraph and Telephone Com-

shareholders.

83

panies; Conflict of Laws; Bills

Citizenship and domicile of cor-
and Notes; Damages; Restraint

poration: Franchise tax on cor-

of Trade.

Construction of contracts: Con-

poration incorporated in more

than one state.

tract of insurance in mutual com-

Corporations de facto: Creation hy

pany includes contemplation of

consolidation unauthorized until

raise in assessments.

charter amendment.

761

Demurrage rate after unreasonable

Dissolution: Effect of incorporation

delay.

647

of voluntary association and sub-

Suits by third persons not parties

sequent dissolution.

657

to the contract: Recovery of

Power of a majority of the stock-
addressee for non-delivery of tele-

holders to effect a dissolution

gram.

391

against the wish of minority

Construction of contracts:

stockholders.

335-353

Whether right of dramatization Distinction between corporation

includes moving picture rights.

and its members: Disregard-

83 ing corporate fiction: garnish-

Contracts implied in facts: ment of debt owed corporation in

Whether right of dramatization action against stockholder. 702

includes moving picture rights. Growth of the distinction and the

83

understanding of it in early Eng-

Creating servitudes, see Easements.

lish institutions.

501-588
Defenses: fraud: Right of parent Insolvency of corporations: Right

to procure discharge of minor pro- of stockholder under option to

497, 529

610, 527

85

References in heavy-faced type are to Notes; in plain type to Recent Cases; and in italicized type

to ARTICLES.

surrender stock and become a liability of true owner's agent to

creditor.

503, 518

owner of record.

656

Nature of corporation: Historical Stockholders: individual liability
discussion of legal status.

to corporation and creditors:

678-686 Whether a shareholder's liability
Presence of corporation: Doctrine is governed by the laws of the

that corporation is present where state of incorporation or of the
its business is carried on.

state in which business is con-
686-696 ducted.

393
Promoters: Fiduciary relation: lia-

Tort and crimes: Responsibility for

bility of a promoter to the cor-

libel communicated from officer

88

poration and to future share to agent of corporation.

holders.

39-61 COURTS MARTIAL.

Measure of damages.

45-50 Right of court martial to hear criminal

Whether a fiduciary relation to the case in camera.

771

company in reality exists.

CREDITORS.

39-14, 50-55 Rights of,

Reorganization and consolidation: See Corporations (Stockholders).

Power of a majority of the stock-CRIMINAL LAW.
holders to sell the assets to an-

See also Constitutional Law.
other company, or to form a new

Former jeopardy: Conviction for
company in another state and

lesser offense no bar to prosecution
transfer to it the assets.

335-366

for greater offense when the court

Stockholders: individual liability

trying the lesser offense had no

to corporation and creditors:

jurisdiction over the greater. 287

Effect of failure to pay statutory Judgment on pleading a bar to second

percentum of subscription. 763

prosecution.

400

Individual liability as affected by

Insanity: General relations of in-

transfer of stock.

656

sanity and criminal responsibility:

Stockholders: powers of majority: discussion of legislation proposed

To dissolve the corporation against by the American Institute of
the consent of minority stock Criminal Law and Criminology.
holders.
335-353

535-500
To sell the assets to another cor-

Insanity as a defense in crimes where

poration.

353-360

no specific intent is necessary.

To form a new company in another

538-546
state and transfer the assets to it.

Insane delusions.

555-560

360–366 Irresistible impulse. 546-551

Stockholders: rights incident to Law of Massachusetts, New York,

membership: Right to have a Illinois.

724-735

fair election of officers. 763 Possible partial responsibility of
Right of stockholders of bankrupt insane offenders.

551-553

building association to vote for Tests of irresponsibility: scope of

trustee.

285

the present law.

554-560

Stockholders: individual liability Proposed criminal responsibility bill.

to corporation and creditors:

535-560, 724-738

Protection of stockholder receiving Sentence: Discretion of trial court
stock for overvalued property by in suspending sentence. 369, 396
no recourse clause.

395 Trial: Attorney's duty to disclose
Statutory liability for corporate debts; truth.

642

time of accrual.

767 Right of court-martial hear

Stock registered in another's name: criminal case in camera. 771

D

DAMAGES.

Consequential damages: Recovery

for failure to deliver telegram

meant to complete a contract. 90

Liquidated damages: Whether de-

murrage rate applies to unreason-

able delay.

647

Measure of damages: tort: Lia-

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type

to ARTICLES.

bility for unauthorized repetition Effect of murder of insured by ben

in slander.

87

ficiary.

622, 651

DANGEROUS PREMISES.

Rights of child under unexecuted
Liability to licensees: Liability of contract of adoption.

contractor to persons coming on DIVORCE.
a scaffold under an arrangement See also History of Law; Conflict of
between the contractor and the

Laws; Marriage.

owner.

186

Alimony: Equitable decree for ali-

DEATH BY WRONGFUL ACT.

mony as a cause of action in a

Common law liability: Applica-

second state.

522

tion of statutory liability to tort Refusal to pay alimony punish as

committed upon high seas.

contempt.

518

Grounds: Uncorroborated testimony
Statutory liability in general: At-

of adultery insufficient. 520
tempt to impose liability under

Jurisdiction: Non-resident husband

one statute giving damages for

bringing action in state alleged

injury and a second statute giv-

ing damages for death.

to be separate residence of wife.

390

Justification of death statute.

Validity of foreign decree against a

non-resident based on construc-

DEBT.

tive service.

82

Imprisonment for violating statute
making it a misdemeanor to re-

DOMICILE.
fuse to pay taxicab hire as im- See also Conflict of Laws.
prisonment for debts.

Domicile of wife as basis of action for

394

DECEIT.

divorce brought by non-resident

Particular casos: Effect of misrep-

husband.

390

resentation as to age as effecting

Domicile of corporation whose stock-

infant's right to recover for in-

holders are alien enemies.

83

jury occurring in violation of DOWER.

child labor law.

528 Dower barred by estoppel in pais.

DEEDS.

Construction and operation in Effect of avoiding a fraudulent con-

general: Life estate raised by veyance in which dower is re-

implication.

187

leased.

288

DESCENT AND DISTRIBUTION.

Effect of ignorance of one's rights:

void divorce.

See also Constructive Trusts.

647

Effect of homicide by insane heir. DRAINAGE.

622, 647

See Waters and Watercourses.

tenement is condemned.
Conveyance of easement for pipe

Whether necessary in time of war.
line in return for privilege of

672-673
using hydrant creating servitude

When is property taken: Damage
upon pipe line.

297

Right of access to gas and oil car-

to land on streams tributary to

streams improved.

764

rying with it easement by neces-

sity of erecting machinery on EMPLOYER'S LIABILITY ACTS.

surface.

84 See under Master and Servant.

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