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deceased; asked if she had ever heard of one claim- pointed guardian of the property and person of the ing to be a sister, and whose residence was in Cin- child arose at once. Upon the return day before cinnati, she promptly declared that she had died the surrogate, it appearing that the aunt was not a years before. When told that a person claiming to citizen, her claims to the child were necessarily disbe such a sister had been in the office but a few regarded, and an order appointing the uncle as months before, she unhesitatingly pronounced her guardian issued. When he went the next day to an imposter. Within two weeks the two sisters re- find the child he discovered that the aunt had fled turned in company, mutually acknowledging their with the child and taken passage upon a Cunarder relationship, but still vigorously denying the exist- to return to her Irish home, and if possible retain ence of any other next of kin. Time rolled along, the child, whom I believe she sincerely loved. Hurand the day upon which the advertisement for ried instructions passed over the cable to detain the creditors expired an attorney in the city of Brook- child when they landed at Queenstown; but fate lyn presented himself at the office, and announced | seemed to favor the aunt, for stormy seas compelled that he had in his possession powers of attorney the Umbria to pass Queenstown without landing from the children of a deceased brother of the her mails, and before news could be transmitted to ticket-taker, who had died in Tasmania. Examina- Liverpool the aunt and child had been lost sigbt of tion revealed the fact that all the claimants were Aside from stocks and bonds and money, many a really entitled to share in the estate.

curious trinket, many a souvenir, valuable only in There is woven through the thread of many a the associations that surround it, are gathered up in story in the office humor, romance or pathos. An the estates of the dead, and some of the most partielderly Scotch woman died, possessed alike ofcular instructions received from relatives abroad, in many names and considerable money. Great un

the matter of the disposition of property, often recertainty hung around the question of who was

late to the returning of these keepsakes. These really entitled to an interest in her estate as a bus-trifles serve to tell, perhaps, of a mother's love for band. A canny old Scotchman presented himself

some wanderer in the New World, the full fruition with a marriage certificate, signed by a prominent of whose hopes death has prevented, and oftentimes clergyman of a Protestant Episcopal church in

go back to carry some bit of comfort to the bereaved. Brooklyn, setting forth the celebration of a mar

From among the many hundred of cases which riage ceremony, which seemed to ante-date all other have passed under my observation, in the years in claims. Questioned why he had so long remained which I have been public administrator, I bave in obscurity, and had never disputed the claims of selected these. They but serve to illustrate the subsequent alleged husbands, he said: “A, weel, I

proverb that “truth is stranger than fiction,” and knew she couldna live always, and when she deed doubtless will continue to recur until Time hangs up she would leave a pretty penny.” But, unfortu

his scythe. nately for his rights, an earlier marriage record showed that a forgotten Scotch husband was still

IT DIDN'T WORK. alive when his marriage was celebrated.

UDGE LILLIBRIDGES'S court room in Detroit, A curious case passed under my notice recently

John of a little girl who, in a heroic effort to save the life D. McLaulin, who sued John J. and William Davis of her companion in crossing a street railroad track, for an alleged assault, was the first witness called some years since, did so at the expense of both of her to the stand. With bis Bible under his arm he legs. A large verdict was recovered for the child from impressively went into the witness box and, to the the railroad company and deposited in a trust com astonishment of the court, attorneys, jury and specpany as guardian (or the child. Thereafter, the mother tators, at once assumed a religious attitude, and of the child obtained an absolute divorce from the began to pray. James H. Pound, attorney for the sather. Then the girl, grown to young womanhood, defendant, was so nonplussed that he neglected to died without a will; that father, living far away. make an objection. Despite the exertions of the became the next of kin of his child. Meanwhile court to preserve the established decorum of the the mother had remarried and the father executed court-room, the witness persisted in his supplicaan absolute release of his interest in that child's tions. When the “amen” was reached McLaulin money, without pecuniary consideration, to his for- took his seat in the witness box and the court-room mer wife, and thus enabled me a few weeks since resumed its customary appearance. Half a dozen to pay over to her some $16,000.

witnesses testified that McLaulin's reputation for Within a day or two of one another a father and truth and veracity was bad. The trial was conmother died, leaving a little girl in the personal care cluded in the afternoon, when the jury brought in of a sister of the mother. There was some consid- a verdict against McLaulin, finding no cause for erable estate and a question of who should be ap- l action. --Ohio Legal News.

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CONTINUANCE OF THE MISCELLANEOUS the decisions of all the courts in official form, so REPORTS OF THE OFFICIAL SERIES.

that as a matter of convenience it has been possible

to refer to the opinions of any court whose decisions To the Committee on the Judiciary of the Senate :

are reported in the Miscellaneous Reports much The committee on law reform of the New York

more readily and conveniently than theretofore, State Bar Association desire to submit to your com

when they were scattered through nine sets of remittee some considerations relative to the proposed ports without any certainty of their being found in discontinuance of the Miscellaneous Reports after

any specific one of the nine. April 1, 1896.

Not only has the series met with the approval of It is, of course, well known and understood that the lawyers of this State, but the manner in which at the expiration of the current year the Superior it has been conducted has attracted the attention of City Courts, so called, except the City Court of lawyers and judges throughout the country to such New York city, will cease to exist, being consoli- an extent that at the late session of the American dated, under the new Constitution, with the Su- Bar Association at Saratoga steps were taken to the preme Court. By reason of such consolidation very appointment of a committee to obtain a report with much -indeed the greater part -- of the work now reference to the feasibility of the adoption of a like devolving upon the miscellaneous reporter will nec- plan throughout the country. It would, therefore, essarily be performed by the reporter of the Su-be exceedingly unfortunate if we were thrown back preme Court. There will remain, however, three to the condition of affairs which existed before the important sets of decisions, which seem to require passage of the act in question, so far as the report the continuance in some form of official reports for of the decisions at Special Terin, in the County the purpose of bringing them within the reach of Courts, Surrogate's Courts and the reports of the the profession without delay or duplication.

decisions of the City Court of New York are conThe present system, which has been in operation cerned. a little less than two years, has been so eminently However opinions may differ with regard to the satisfactory that attention may be called very briefly value of the reports of decisions of these different to the situation of affairs previous to the act by tribunals, the fact exists that lawyers are desirous which the Miscellaneous Reports were provided for. of obtaining these decisions, and that unless provi

In 1891 the situation had become such that there sion is made by law for official reports, they will be were nine sets of reports in existence in this State, reported in an unofficial way so as to add very much aside from the official reports of the Court of Ap- to the expense and annoyance connected with it. peals and the Supreme Court, the expense of which, Five of the oine series of the reports, other than the together with the Session Laws, to each lawyer, official reports, which were in existence in 1891, was, in round numbers, $100 per year. It was de- when this agitation commenced, have ceased to sirable, in fact necessary, that some action should exist. As to two others, it may be said that they be taken by which this number of reports should be are issued at irregular intervals, in such a manner as decreased and the duplication of decisions be pre- to indicate that they are unable to compete with the vented, since in some instances the same case was official series, and are not likely to remain much reported two, three, four and five times in the same longer in competition with them. court. The agitation on this subject resulted in the The result of entirely abolishing the Miscellane. drafting of a bill providing for three official series ous Reports would be to invite this competition and of reports, together with a digest, to be published again bring forward the irregular and unofficial sein connection with the Session Laws. While the ries, so as to a very great extent undo the good plan in this form failed, it resulted in the passage which has been done by reason of this enactment. of an act providing for a miscellaneous reporter, It is not intended to be urged that the present whose duty it should be to report the decisions of Miscellaneous Reports should be continued in prethe Supreme Court, at Special Term, Surrogate's cisely the same manner in which they exist by law. Courts, County Courts, whenever desirable, and the It is and must be recognized that the very great Superior City Courts. Thereafter the publishers and change in the amount of work done must necessarreporters by voluntary agreement established the plan ily fairly decrease the expense of reports and the upon which the present combined official series has compensation to the reporter. With this question been carried on. It is not too much to say that this we do not in any way agree to take part, nor have has been eminently satisfactory to the lawyers and we any suggestions to make as to ways and means judges, and has resulted in their obtaining for thirty which may be adopted in the interest of economy. dollars per year all the opinions in all the courts of We only insist that provision should be made by the State, making a net saving of seventy dollars a law for the continuance of the series, either by conyear to each lawyer and judge. Moreover, putting tinuing a reasonable compensation to a reporter of the Miscellaneous series or by authorizing him to for every one which is made a matter of dispute. issue reports in the same manner as the Supreme Yet the chances are in favor of a fight sometimes. Court reports are now issued, looking for his com- Hence the department of the law, which we inpensation to a sale of the volumes. These are mat- tend to examine to-day, is unusually voluminous. ters of detail and questions of expediency, in which Where, then, shall we best find our law? the association and its committee are in nowise in- Firstly, we will refer once more to Bullen and terested, except so far as relates to the efficiency of Leake's “Precedents of Pleadings in the Superior the work and character of the reports. It may be Courts of Common Law," of which the third edition fairly said in passing that the character of the work

was published by Stevens & Sons in 1868. That is done has been entirely satisfactory, and that any the best edition to possess. See Chap II, “ Counts change by authorizing an increased price per vol. in Actions on Contracts,” pages 35–272, and Chap. ume must necessarily increase the subscription price V., “ Pleas and Subsequent Pleadings in Actions on of the combined series by so much as the cost of Contracts,” and the notes on these chapters. As we the labor of the reporter now paid by the State, but I have said in the case of torts, so we say here — the no suggestion is made beyond the very urgent one,

common law of contracts is stated nowhere more that the series should be continued in some form as

correctly and conveniently than in Bullen and an official series, recognized by law, in order that its continuance may be rendered certain, and that by from which they speak.

Leake's chapters concerning it, as regards the date its continuance the irregular and unofficial reports may be discouraged.

The leading cases on contracts in the common

We refer again to It would seem that no argument is necessary after law must be carefully studied. the experience of two years, certainly to lawyers

Smith's Leading Cases (9th ed., Maxwell & Son, members of this committee, in favor of the plan 1887), and the learned notes thereon. Each of upon which the combined Official Series has been

these leading cases is made a focus, round which conducted, both for its economy and efficiency.

the whole law upon the particular point is gathered All of which is respectfully submitted for the

in every instance. With respect to contracts we committee on law reform.

emphasize the importance of the following cases, J. NEWTON FIERO,

and the commentaries of the editors upon them. Chairman, . Lampleigh v. Brath wait (i, 153), relating to the doc

trine of consideration, especially as to a courtesy THE LAW OF CONTRACTS.

moved by previous request;” Chandelor v. Lopus By ERNEST A. JELF, Barrister-at-Law.

(i, 186), explaining the nature of warranty and how, PAE Law of Contracts is more than half of our

where a stone was sold as a Bezoar stone, which was whole law. It tells us in what cases a man

really no such thing, it gave the purchaser no right who has sworn to his neighbor will not be permitted of action in the absence of warranty and of fraud; to disappoint him, however much it be to his own

Birkmyr v. Darnell (i, 334,) showing the distinction bindrance. When parties have once agreed and are

between a man's promising as surety and undertakad ülem, the law will allow no backsliding, unlessing as for himself; Peter v. Compton (1,359), about some special reason can be pleaded in defense.

contracts not performable within a year; Cumber v.

Wane (i, 366), as to accord and satisfaction; Collins Hardly any man in the land can be sure that he will not be obliged to go to law at some time or another

v. Blantern (i, 398), making the illegality of the upon some matter of contract, however averse to

contract a good plea of defense; Carter v. Boehm litigiousness his character may be. Crimes, and (i, 522), showing what concealments vitiate a policy even torts, we think we can avoid by circumspec

of insurance; Wigglesworth v. Dallison, about the tion as regards the committing of them; and we

construction of written contracts by reference to may well hope that we shall never be the victims of usages; Lick barrow v. Mason (i, 737), as to stopthem in a serious case which would compel us to page in transitu ; Cutter v. Powell (ii, 1), the well take proceedings. But we are, most of us, making known case about the uncompleted contract and contracts great or small nearly every day of our

the failure of a condition precedent; George v. lives. We may at any moment through some over- Clagett (ii. 130), as to a set-off against a factor who sight find ourselves unable to fulfil our part, or we

had sold another's goods as his own; Smith v. Hodmay be unable to afford to allow our neighbor to son (ii, 138), where a contract was tinctured by withdraw from his. The simplest accounts are rid- fraud, but was held to have been affirmed by the dled through and through with contracts. They defrauded party; Godsall v. Boldero (ii, 286), as to ramify into a thousand affairs of importance in our the extent to which a creditor may insure the life lives. And when one is concluded it is only in of his debtor; Patterson v. Gandasequi (ii, 379), order that another one may be begun. Millions Addison v. Gandasequi (ii, 389), on the law of prinupon millions are carried through without difficulty | cipal and agent; Thomson v. Davenport (ii, 395),


on the same subject, where there is an undiscovered Coming now, at last, to the text-books, it will beprinciple; and Roe v. Tranmarr (ii, 553), as to a seen that two are of pre eminent excellence. "A covenant 'to “stand seised.” See also Finch's Digest of Principles of the Law of Contracts,” by "Selection of Cases on the English Law of Con- S. M. Leake (3d ed., Stevens & Sons, 1892), and tracts” (Clay & Son and Cambridge University “ Principles of Contract; a treatise on the general Press, 1886).

principles concerning the validity of agreements in Of course, equity must not be left out of account the law of England,” by Sir F. Pollock, Bart. (6th in considering this department. Equity has her own ed., same publishers, 1894). Which of these are leading cases, and possesses a coilection of them we to prefer? We quote Sir William Anson's opinhardly less renowned than Smith. This is, of course, ion: “The modes of treatment adopted by those White & Tudor's “ Selection of Leading Cases in

two writers,” he says, are based on two totally difEquity, with Notes” (6th ed., Maxwell & Son, ferent principles. Lenke treats the contract as a 1886). Like Smith, it is contained in two large fat subject of litigation from the point of view of a volumes, and it is arranged on the same principle as pleader's chambers. He seems to ask, “What are the Smith, by which work it was first suggested. As kinds of contract of which this may be one ?' Then, instances of the important bearing of this work. What have I got to prove ?' 'By what defenses upon the department at present under consideration, may I be met ?' Pollock regards the subject ab see Lester v. Foxcroft (i, 881), as to part perform- extra; he inquires what is the nature of that legal ance of a parol contract respecting land; Cuddce v. relation which we term contract, and how it is Rutter (i, 907), as to specific performance of agree- brought about. He watches the parties coming to ments relating to personal property; Blandy v. Wid- terms, tells us how the contract may be made and mere (ii, 1), showing that a covenant to leave so by what flaws in its structure it may be invalidated. much inoney to anybody is performed by a partial Leake treats the subject from every point of view in intestacy which gives that person as much money;

which it can interest the litigant. Pollock wrote a Seton v. Slade (ii, 542), as to specific performance treatise on the information of contract; only in the with compensation; Ryall v. Rowles (ii, 799), as to

last edition has he introduced a chapter on performan assignment of debts without notice to the debtor; ance. Perhaps I obtained the most complete inforRees v. Berrington (ii, 1106), which establishes the mation on this subject from Leake; but Pollock release of the surety by the creditor giving time to started me on my way." Note that Pollock has, at the principal debtor, and the notes thereon. For

present, the advantage of being up to date; the new specific performance generally-the chief equitable edition having been published so lately as August

of last year. doctrine affecting the law of contracts—the reader must, of course, refer to Sir Edward Fry's treatise

But, though these are the two leading treatises on thereon (3d ed., Stevens & Sons, Limited, 1892).

the subject, they are by no means without rivals of

considerable note The learned Mr. Smith, to whose Equity, as a whole, will be considered in a later Lending Cases we have already so often referred, chapter, and in the meantime we will refer our

himself wrote a treatise also upon Contracts; based reader to certain text-books, where he may hope to

upon lectures which he had delivered. The eighth find his law, and his equity as well, for the purposes edition was published in 1885, under the editorship of this department.

of V. T. Thompson, by Sweet, and Maxwell & Son, Before, however, passing to our general survey of and Stevens & Sons. the text-books, we must draw attention to the im- Then there is Addison on Contracts (9th ed., by portance which attaches in this department to the Horace Smith, Stevens & Sons, Limited, 1892). This countless acts of Parliament affecting the subject,

does perhaps not hold quite the place held by Addiand to which all the case law is subservient. Almost

son on Torts, to which it is a companion; but this the first element requiring attention in the study of is chiefly because it is passed by more numerous and the law of contracts is the famous Statute of Frauds

more formidable competitors. Nor can we forget (29 Car. 2, ch. 3), upon which innumerable argu-Chitty's “Treatise on the law of Contracts and upon ments have been based and innumerable decisions the defenses to actions thereon,” which has been a given. From this time forward there is a long cata- recognized authority from its first publication in logue of statutes affecting our subject, ending with 1826 until to-day. The twelfth edition, newly the Sale of Goods Act, 1893 (56 and 57 Vict., ch. 71), arranged with much added matter and facilities for which codifies the law of the sale of goods, or at- reference by Lely and Geary, was published by tempts to do so. This statute has been edited, with | Sweet & Maxwell, Limited, in 1890. notes, by its draughtsman, his honor Judge Chal- For an introduction to the whole subject, students mers, and published by Stevens & Sons, Limited, should refer to “Principles of the English Law of 1894.

Contract and of Agency in its relation to contract,”

Press, Frowde, and Stevens & Sons, Limited, 1893.) Jophie Court of common Pleas, at Cleveland,

by Sir William Anson, Bart., D. C. L., Warden of CONVICT MADE GOODS IN OHIO. All Souls' College, Oxford (7th ed., Oxford, Clarendon

UDGE NOBLE has handed down a decision in Contracts affecting special lines of business have been treated by those who have specialized in con- which impeaches the constitutionality of a law nection with such lines of business. Take, for in- passed by the Ohio General Assembly, making it stance, building contracts. There are Emden's unlawful to sell convict-made goods manufactured “ Law Relating to Building ” (2d ed., Stevens & in the prisons of other States without first obtaining Haynes, 1885), Hudson's “ Law of Building ” (same a license from the secretary of state of Ohio. The publishers, and Waterlow & Sons, Limited, 1891), | law was passed May 19, 1894, and went into effect and Woolrych's "Metropolitan Buildings Acts, with January 1, of the present year. Under this law Notes and Forms” (3d ed., Sweet, and Stevens & Frank P. Yanders was arrested on a warrant issued Sons, 1882). Or, again, “the Law relating to Civil | by Justice of the Peace George R. McKay, charging Engineers " is especially dealt with by Macassey & him with selling brushes made in a New York Strahan (Stevens & Sons, Limited, 1890); and penitentiary. Judge Noble, in delivering his opin“ Electric Lighting” by Cunynghame (same pub- ion, said that the law was unconstitutional in that lishers, 1883).

it discriminated between goods manufactured in As we have said before, more than half the law this State and those manufactured outside the State. of the land is contract law; and several of the sub- The clause which it is claimed was violated is a secjects, which we shall hereafter have to consider, tion of the Constitution of the United States, which such as the law of principal and agent, landlord and provides that Congress should have power to regutenant, husband and wife, or master and servant. are

late commerce with foreign nations and among the but sub-departments of this department. "To find

several States. The decision maintains that the your law” on any of these subjects, special treatises doctrine is well settled that power is vested in must often be consulted, to which, for want of Congress alone to regulate commerce among the space, we are unable on the present occasion to

States, and that the non-exercise of its power is sayallude.

The commonest form of contract is the contract ing that commerce shall be unrestricted, and that of sale, and this has been made the subject of many

it is not unrestricted when discriminating burdens separate treatiscs. As regards real property, see

are placed upon goods of foreign manufacture. A

State has not the authority to impose a burden especially Dart's “Vendors and Purchasers of Real Estate" (6th ed., by Barber, Q. C., Haldane, and

upon foreign manufactured goods which is not imSheldon. Stevens & Sons, 1888). Also turn back posed on goods manufactured within the State, to · The Law of Vendors and Purchasers of Es

even though it might be justified under the claim of tates," by Edward Sugden, better known by his police power. No State could levy or tax on intersubsequent title of Lord St. Leonards. As regards

state commerce in any form either by way of duties personal property, there are Benjamin on the “Sale levied on transportation or on the receipts derived of Personal Property” (4th ed., Sweet, 1888), Lord from transportation or on the occupation or business Blackburn's “Contract of Sale” (2d ed., Stevens & of carrying it on.- Ohio Legal News. Sons, 1885), and Campbell's “ Sale of Goods and Commercial Agency” (2d ed., Stevens & Haynes,

HUMORS OF THE LAW. 1891). We would refer also to the short “ Digest of the Law of Sale," by Ker (Reeves & Turner,

CERTAIN justice of the peace having ar1888). But the whole law on this subject is now A revised and codified by the Sale of Goods Act, 1893,

rived, previous to a trial, at a conclusion above referred to. But this code does not for one

upon a question of law highly satisfactory to himmoment dispose of the necessity for consulting the self, refused to entertain an argument by the opposearlier cases and statutes, of which in the main it ing counsel. “If your honor pleases," the counsel is merely declaratory.-Law Times.

replied, “I should like to cite a few authorities

upon the point." Here he was sharply interrupted Where a roadmaster of a railroad company, whose by the justice, who stated: “The court knows the duty is to impart orders to the foremen under him, law, and is thoroughly advised in the premises, and intrusts the delivery of an order to a locomotive has given its opinion, and that settles it.” “It fireman, who, by his negligence, injures the fore- was not," continued the counsel, “ with an idea of man, the rondmaster becomes a vice-principal ad convincing your honor that you are wrong, but I hac vice, and the defendant railway company is lia- should like to show you what a fool Blackstone ble. (Card v. Eddy (Mo.), 28 S. W. Rep. 753.) was."-- Central Law Journal.

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