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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

PAGE

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

.

663

INDEX-DIGEST

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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.

389

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

389

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.

642

breach of contract by client's dis-

Privileges attached to the office: charging without cause. 183

Lien on document in attorney's

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).

644

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.

759

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.

515

Whether incidents of suretyship

644

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.

644

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

80

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