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LAW REVIEW
Vol. XXX
1916–1917
CAMBRIDGE, MASS. THE HARVARD LAW REVIEW ASSOCIATION
1917
Copyright, 1916, 1917,
BY THE HARVARD LAW REVIEW ASSOCIATION
THE UNIVERSITY PRESS, CAMBRIDGE, U. S. A.
TABLE OF CONTENTS
ARTICLES
PAGE
801
.
201
ALIENABILITY OF CHOSES IN ACTION, THE: A REPLY TO PROFESSOR WILLISTON. Walter Wheeler Cook.
449
CONTINGENT REMAINDERS. John L. Thorndike
2 26
COVERT LEGISLATION AND THE CONSTITUTION. Charles Merrill Hough
EARLY HISTORY OF THE CORPORATION IN ENGLAND, THE. Harold J. Laski 561
END OF LAW AS DEVELOPED IN JURISTIC THOUGHT, THE. Roscoe Pound
ENGLISH CIVIL LAW. Edward Jenks .
I, 109
EXPANSION OF AMERICAN ADMINISTRATIVE LAW, THE. A. A. Berle, Jr.
430
FEDERAL INCORPORATION OF RAILWAY COMPANIES. Charles W. Bunn . 589
GERMANIC AND MOORISH ELEMENTS OF THE SPANISH CIVIL LAW. Peter J. Ham- illon
303 GOOD AND BAD Trusts. Albert M. Kales.
830 INSANITY AND CRIMINAL RESPONSIBILITY. Edwin R. Keed y
535, 724 IS THE RIGHT OF AN ASSIGNEE OF A CHOSE IN ACTION LEGAL OR EQUITABLE? Samuel Williston . .
99
JUDICIAL INTERPRETATION OF THE CONSTITUTION ACT OF THE COMMONWEALTH
OF AUSTRALIA. Charles G. Haines
595
JURISDICTION OVER FOREIGN CORPORATIONS AND INDIVIDUALS WHO CARRY ON
BUSINESS WITHIN THE TERRITORY. William F. Cahill .
676
LOOKING FORWARD. R. W. Lee
792
New ENGLISH WAR CABINET AS A CONSTITUTIONAL EXPERIMENT, THE. A. V.
Dicey .
781
Nova METHODUS DISCENDAE DOCENDAEQUE JURISPRUDENTIAE. John H. Wigmore
812
PROMOTERS' LIABILITY: OLD DOMINION v. BIGELOW. R. D. Weston
39
SOME PHASES OF THE LAW OF MARRIAGE. Albert Swindlehurst.
I 24
State LIABILITY FOR TORt. John M. Maguire
STATUS OF STATE MILITIA UNDER THE HAY BILL. S. T. Ansell
712
SURETYSHIP AT “Law MERCHANT." Anan Raymond
141
TORT AND ABSOLUTE LIABILITY SUGGESTED CHANGES IN CLASSIFICATION.
Jeremiah Smith
241, 319, 409
VOLUNTARY TRANSFERS OF CORPORATE UNDERTAKINGS. Edward H. Warren .
335 WAR EMERGENCY LEGISLATION A GENERAL View. Eugene Wambaugh
20
663
INDEX-DIGEST
References in heavy-faced type are to Notes; in plain type to Recent Cases; and
in italicized type to Articles.
A
642
655
653
ACCRETION.
benefits received under contract
Accretion to a servient tenement under made by unauthorized agent.
same restriction as the tenement
402
itself.
89 Principal's liability to third per-
ACTIONS.
sons in tort: Liability of prin-
Right to discontinue action for an
cipal for felonious assault of
nulment of marriage,
292
agent.
389
Rights of child under unexecuted Principal's rights against agent: contract of adoption.
Injunction of use of list of cus-
ADMINISTRATIVE LAW.
tomers by agent.
Scope of the subject of administrative ALIENS.
law in the United States.
Naturalization of aliens: Filipinos:
430-448 Eligibility to naturalization under
The "three powers”: impossibility federal law.
of separating them in administra- ALIMONY.
tive bodies.
436-444 See under Divorce.
ADMIRALTY.
APPEAL AND ERROR.
Jurisdiction: Condemnation of goods Determination and disposition of insured against war risk as enemy
cause: Refusal to reverse after
property.
lower court sustained defendant's
How far international law limits the
demurrer when only nominal law administered in prize courts. damages could be recovered. 80
66, 86
Jurisdiction of a court of neutral
APPOINTMENT, POWER OF.
See Powers.
country to decree restriction of prize made in breach of that ARMY AND NAVY.
country's neutrality. 161, 182 Right of parent to procure discharge
Power of state court to decree the sale of minor after wrongful enlist-
of vessel.
182
ment.
285
ADOPTION.
ASSAULT AND BATTERY.
ADVERSE POSSESSIONS.
Civil liability: Liability of master
for felonious assault of servant.
Continuity of adverse possessions :
Adverse possession in contempt
of court.
ASSIGNMENTS.
80
Of
Power of a special administrative body
contract of indemnity, see
to exclude from its field of opera-
Choses in Action.
tions the ordinary governmental
Of mortgagor's power of sale, see
agencies.
Mortgages.
445-447
Of shares of stock, see Transfer of
AGENCY.
Stock.
See also Pleading; Master and Servant.
Creation of agency:
Whether an
ASSOCIATIONS.
interpreter acts as an agent.
See Voluntary Associations.
397
Principal's liability to third per- ATTACHMENT.
sons in contract: Quasi-con- What property may be attached:
tractual liability of principal for Whether attachment of saving's
a
References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type
to ARTICLES.
bank account covers subsequent hands enforced out of funds
dividends.
513
realized thereby.
191
ATTORNEYS.
Relation between attorney and
Duty to the court: Duty to disclose
client: Action by attorney for
truth in a criminal case.
breach of contract by client's dis-
Privileges attached to the office: charging without cause. 183
Lien on document in attorney's
B
643
746
BANKRUPTCY.
BILLS AND NOTES.
Administration: Right of stock- Defenses: Application of French
holders of bankrupt building as- moratorium to a bill payable in
sociation to vote for trustee. 285 another country:
390
Bankruptcy Act of 1898 and Failure of consideration in tem- amendments :
porary loss of collateral.
514
1 (9).
644
Delivery: Delivery under contem-
17 a (2).
poraneous parol condition as
17 a (4).
conditional delivery or delivery
60 b.
619, 644 in escrow.
70 a (3).
645 Discharge of Indorsers: Discharge
$70 a (5).
by extension agreement with third
Discharge: Debts not affected:
party.
759
broker's conversion of stock. 643
Negotiable Instruments Law:
Debts not affected: right of reim-
$ 120.
bursement of one induced by
Whether doctrines of suretyship as
false representations to become
applied to negotiable paper are
surety.
184
Fraudulent Conveyances: Right of
adopted by the law. 149–158
Overdue paper: rights of donee after
stockholder under so-called con-
ditional sale of stock to surrender
maturity of a note voidable for
legality.
515
stock and become a creditor.
503, 518
Purchaser for value without no-
Preference: Bankrupt pledgee's re-
tice: Right of payee of a stolen
demption of stock" from sub-
certified check who has given
value for it.
pledgee and return to pledgor.
Whether incidents of suretyship
Judgment, levy, and sale by cred-
attach to a negotiable instrument. itor. 619, 644
141-158
Property passing to trustee : Life BILLS OF LADING.
insurance policies: in general.
See Carriers.
Construction of “Restraint of Princes”
Provable cla'ms: Tort claims where
clause.
claimant might elect to sue in BILLS OF PEACE.
contract.
644 Restraining suits against the vendees
BANKS AND BANKING.
of a patent infringer pending the See also Bills and Notes.
original suit against the infringer
Deposits: Attachment of saving's
himself.
bank account held to cover future BROKERS. dividends.
513 Wrongful sale of stock: right of
BASTARDS.
customer to similar stock not ac-
Whether devise to unborn bastard is quired for purpose of restitution.
void for uncertainty.
652
516
398