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

to ARTICLES.

anomalous indorser who has paid Negligence of drawer: negligent

holder in due course.

use of protectograph. 624

Purchasers for value without no- Statutes: Negotiable Instruments

tice: Purchaser with notice from Law: effect on statute making

an innocent pledgee.

103

usurious notes void.

424

Payment and discharge: Morato- BILLS OF LADING.

rium: accommodation acceptor See under Carriers; Sales.
not bound to invoke it for benefit

BONDS.
of accommodated party. 407

See also Constitutional Law; Surelyship;
Defenses: Extension of time to prin-

Taxation.
cipal joint-maker as defense to

Negligent reissue by obligor under

surety.

forged indorsement: Rights of

Release of security by payee without

bona fide purchaser.

assent of surety co-maker: Nego-

tiable Instruments Law.

624

BREACH OF MARRIAGE PROMISE.

Checks: Duty of depositor to notify

Survival of action: special damages.

bank of forged indorsement. 319

701

Gifts causa mortis : gift of donor's BRIBERY.

own check.

325

See Criminal Law.

С

97, 413

CAPTURE.

effect of violation of statute
See War.

against free transportation. 320
CARRIERS.

Passengers: ejection of passengers:
See also Illegal Contracts; Interstate Refusal to pay unlawful fare. 206
Commerce; Public Service Com-

Passengers: injuries to passengers:
panies; Railroads; Restraint of Right to recover for insults of a
Trade; Street Railways.

servant although subject to ejec-

Federal regulation: Power of In-

tion.

620, 626

terstate Commerce Commission Sleeping cars: Liability for loss of

to regulate intrastate rates. 34-81,

baggage.

104

Segregation of negroes in. 417, 425

Regulation of interstate pipe lines Loss or injury to goods: Liability

not professing public carriage.

for negligent mutilation of dead

body.

322

The Federal Employers' Liability CHARACTER.

Act.

163-185 Evidence of, see under Evidence.

The Five Per Cent Rate Cases.

CHARITIES AND TRUSTS FOR

CHARITABLE USES.

Duty to transport and deliver:

See Trusts.

Right of consignor to sue. 517

Discrimination and overcharge: CHARTERS.

Mistake: liability for quoting See under Corporations.

published rate no longer applica- CHECKS.

ble because of change in name of See under Banks and Banking; Bills

station.

and Notes.

Limitation of liability: In general.

CHOSES IN ACTION.

550-564

Carriers of goods: contractual limi-

Situs of, see under Conflict of Laws.

tation of liability.

551-556 CITIES.

Carriers of passengers: contractual See Municipal Corporations.

limitation of liability.

559-500

CLASS LEGISLATION.

Effect of agreed valuation: Car-

See under Constitutional Law (Privi-

mack Amendment. 556-557

Effect of notice filed with public

leges and Immunities; Class Legis-

lation).

service commission.

517

Passengers: who are passengers: COLLATERAL SECURITY.

Gratuitous carriage by custom: See Pledges.

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

to ARTICLES.

COLLECTION.

member of foreign mutual benefit

See Banks and Banking.

insurance association authorized

COMBINATIONS.

by statute of corporation's dom-

See Interstate Commerce; Restraint of

icile.

797, 808
Trade; Trade Unions.

Right of state to expel foreign cor-

COMMERCE.

poration for resorting to federal

courts.

See Constitutional Law; Foreign Com-

merce; Interstate Commerce; Re- CONSENT.

straint of Trade.

See under Assault and Battery; Crim-

COMMON LAW.

inal Law.

Federal legislation and state common CONSIDERATION.

law.

171-173 Illegal consideration, see under Illegal

COMPENSATION.

Contracts.

See under Eminent Domain; Specific Theories of consideration: Mutu-

Performance.

ality of engagement or undertak-

COMPETITION.

ing as consideration. 121-134

See under Restraint of Trade.

Mutual promises as consideration for

COMPOSITION WITH CREDITORS.

each other.

123-133

See under Bankruptcy.

What constitutes consideration:

CONFESSIONS.

Conditional promises as consider-
See under Evidence.

ation.

126-128
CONFLICT OF LAWS.

Illusory promises.

131-132
See also Constitutional Law; Domicile;

Voidable promises as consideration.

Federal Courts; Taxation.

128-131

CONSPIRACY.

Recognition of foreign judgments:

Comity in international law.

See under Restraint of Trade; Trade

Unions.

589-590

Situs of choses in action: Situs of CONSTITUTIONAL LAW.

promissory notes for purposes of See also Aliens; Conflict of Laws; Em-

taxation.

104

inent Domain; Extradition; Fed-

Taxation of foreign corporation on eral Courts; Foreign Corporations;

credits in hands of local agent. 214 Habeas Corpus; Insurance; In-

Jurisdiction for divorce: Conclu-

terstate Commerce; Municipal

siveness of decree in divorce pro- Corporations; Police Power; Tax-

ceedings in which both parties ation.

before court as to jurisdiction of Nature and development of con-

court to grant divorce. 471-472 stitutional government: His-

General discussion of requirements tory of right to keep and bear

for jurisdiction: Haddock v. Had-

473-477

dock.

457-472

Salient differences between Cana-

Judicial separation in England. 425 dian and United States Constitu-

Matrimonial domicile.

469

tions.

508-569

Separate domicile of wife. 196, 207 The veto power in Canadian legisla-
Testamentary succession: Enhance- tion.

578-579

ment of testamentary capacity by Construction, operation, and en-

change of domicile.

800

forcement of constitutions :

Obligations ex delicto:creation and Commerce “

among the several
enforcement: Action by per- states": judicial construction of.
sonal representative for tort com-

34-81, 294-298
mitted under foreign statute which Effect of removal of constitutional
vested right in beneficiary.

restriction unconstitutional

Recovery under workmen's com-

statute.

233-234

pensation statute of place of in- Judicial review of legislation in Can-

jury while employed under con-

ada.

565-588

tract made elsewhere.

524

Powers of the executive: Delegation

Effect and performance of con-

of legislative power to the execu-

tracts: Effect of moratorium at tive: implied authority to with-

place of payment.

407 draw public lands from entry.

Rights and obligations of foreign

613, 628
corporations: Assessment upon Powers of judiciary: Comparisons

arms.

on

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

between judicial review in Canada State regulation of insurance rates.

and in United States. 582-588

Enjoining state officials from hold- State regulation of sale of stocks,

ing unauthorized elections. 309, bonds, and other securities. 626

327

Statute denying compensation for

Judicial review of legislation in Can- buildings erected in line of plotted

ada: practice of provincial and streets.

428

dominion courts.

570-574 Unconstitutional conviction under
Jurisdiction of United States Su- valid statute: mob violence.
preme Court to review cases in-

793, 810

volving federal right in state Warehouse receipt made conclusive

courts.

408

evidence.

Review of Canadian legislation by Personal rights: civil, political,

Judicial Committee of English and religious: Eugenic marriage
Privy Council.

574-577 laws: constitutionality of Wiscon-

Powers of legislature: taxation: sin statute.

Stamp tax on bill of costs in state Liberty to contract: establishment

court.

705

of minimum wage for women and

State power to tax proceeds of inter- children.

state commerce.

regulation of hours of labor.

Powers of legislature: delegation

704

of powers: Delegation of power

statute forbidding exaction of

to Interstate Commerce Commis- agreement not to belong to labor

sion to fix rates.

union as condition of employment.

Power to classify taxable businesses.

496, 518

statute requiring corporations

Powers of legislature: territories: to give true reason for discharging

Whether federal ownership of wa-

employees.

ter rights in public domain.

statute requiring employers to

give employees one day of rest in

Powers of legislature: implied

powers: Federal disposition of

statutes restricting employ-

state waters in priority states.

ment of aliens.
270-293

496, 519, 628

Federal protection of migratory

Trial of civil offender by military

birds.

commission.

Impairment of the obligation of Protection of private rights against
contracts: Contract by state not

legislative encroachment in Can-
to exercise the rate-making power.

ada.

579-582

Right to keep and bear arms.

Rights of lessee of property exempted

473-477
from taxation by legislative con-

Right to vote.

810

tract.

Privileges, immunities, and class

286-291

496, 519

415, 425

703

Trial by jury: Trial of civil offender legislation: Personal discrim-
by military commission.

ination: segregation of negroes in
Due process of law: Carrier required

Pullman cars.

to perform terminal haulage for Right of a state to expel foreign

another.

799, 809

corporation for resorting to federal

Ex parte divorce and the Fourteenth

courts.

Amendment.

404-465

Statute prohibiting use of red flags

Legislative divorce and the Four-

in parades.

331

teenth Amendment. 459-404

Validity of state anti-trust act ex-

Minimum wage for women and chil- empting combinations of labor.

dren: constitutionality. 89, 105

105

Reception of verdict in prisoner's CONSTRUCTION.

absence.

793, 810 Of constitutional provisions, see Con-

Requiring delivery of cars to con- stitutional Law.

necting carrier.

799, 810 Of contracts, see under Contracts; In-

Right to hear adverse evidence in

hearing before administrative Of wills, see Legacies and Devises;

board.

198, 207

Wills.

416, 425

417, 425

304, 320

surance.

1

References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type
to ARTICLES.
CONSTRUCTIVE TRUSTS.

Right of one guilty of homicide
Nature and limitations of doc-

without intent to acquire property

trine: Bequests or devises in- thereby to inherit from his victim.

duced by promises on active so-

426

licitation, with fraudulent intent Liability of innocent parties: At-

at the time of promising, or by one tempted reservation of easements

in a special confidential relation- in grant of dominant tenement.

ship.

372-376

628

Constructive trusts based on prom- Effect of statute of frauds: Be-

ises made to secure bequests, de- quests, devises, or intestacies se-

vises, or intestate succession.

cured by oral or unattested writ-

237–269, 306–393 ten promises to apply for others

Illegal promises by legatee or de- some or all of the property so ob-

visee.

372

tained.

251-269

Promises by legatee or devisee to CONTEMPT.

hold for, or to pay or convey to See also Courts; New Trial; Trial.

others, designated to him in tes- Acts and conduct constituting

tator's lifetime, inducing the revo-

contempt: Case taken from

cation or modification of the

jury because of newspaper com-

legacy or devise.

379-381 ment while it was pending. 605

Promises by legatee or devisee to

Procuring institution of fraudulent

testator to hold for, or to pay or suit on manufactured evidence.

convey to others, whose names

426

are communicated to him in tes- CONTINGENT REMAINDERS.

tator's lifetime, and promise in- See Vested, Contingent, and Future In-

duces the giving of legacy.

terests.

369-372 CONTRACTS.

Promises by legatee or devisee to tes-

tator to hold for, or to pay or con-

Capacity of parties, see Corporations;

Infants; Municipal Corporations.

vey to others whose names are

Contracts by estoppel, see under Es-

not revealed in testator's lifetime.

toppel.
367-369

Contracts implied in law, see Quasi-

Promises by less than all the lega-

Contracts.

tees or devisees who take as ten-
ants in common or joint tenants.

Illegality as a defense, see Illegal Con-

tracts; Usury.
387-391

Requisites, see Consideration.
Promises by the heir or next of kin

What law governs, see under Conflict

to hold for, or to pay or convey to

of Laws.

others, whose names are commu- See also Agency; Bailments; Bank-

nicated to him in the ancestor's

ruptcy; Bills and Notes; Bonds;

lifetime, inducing intestacy in Carriers; Conflict of Laws; Con-

whole or part.

381-382 stitutional Law; Constructive

Tacit promises by legatee or devisee.

Trusts; Corporations; Damages;

378-379 Deeds; Equity; Insurance; Lim-

The policy of enforcing constructive

itation of Action; Parol Evidence

trusts where a legacy or devise or Rule; Public Service Companies;

intestate succession is secured by Reformation of Instruments; Re-

oral promises which are broken. scission; Restraint of Trade; Re-

391–392 strictions and Restrictive Agree-

Unattested directions by testator

ments as to Use of Property;
not communicated to legatee or Sales; Specific Performance; Stat-
devisee in testator's lifetime.

ute of Frauds; Suretyship; Tel-

366–367 ephone and Telegraph Companies;
What constitutes a sufficient com-

Trusts; Vendor and Purchaser;
munication of instructions by tes-

Warehousemen.

tator to legatee or devisee of secret Defenses: in general: Moratorium:

trust.

376-378 debtor not bound to invoke. 407

Where will discloses that legatee or Defenses: fraud: Misstatement of

devisee is to hold in trust but does principal's minimum selling price

not disclose the terms. 382-387 by agent authorized to retain

Misconduct by non-fiduciaries: whole surplus.

811

313, 330

687, 705

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

to ARTICLES.

Suits by third persons not parties ration: Enemy character: do-

to the contract: Sole benefi- mestic corporation composed of

ciary: Massachusetts law. 106

alien enemies.

629

contract made by labor union Charters: grant, construction,
for benefit of its members: New and amendment: Reformation
York law.

427

of charter for mistake of incor-

effect of rescission by contract-

porators.

519

ing parties.

321 Corporations de facto: Collateral

CONTRIBUTION.

attack: effect of lease to corpora-

See also Joint Wrongdoers.

tion lacking general requisites.

Shifting of criminal penalty to one

primarily responsible.

Stockholders: individual liability

CONTRIBUTORY NEGLIGENCE.

to corporation and creditors:

See also Master and Servant; Negli-

Liability on stock left registered in

transferor's name through cor-

gence; Torts.

In general: Effect of reliance on ob-

poration's fault.

Stockholders: rights incident to

servance of speed laws by defend-

membership: Liability of direc-

ant.

436

tor for damage to corporation as

Statutory actions: Contributory stockholder in another corpora-

negligence under the Federal Em-

tion.

ployers' Liability Act. 163–185

Restriction on transfer of shares in
Imputed negligence: Injury to
young child by wild animal in con-

agreement of association.

Suit in behalf of corporation: effect
sequence of negligence of child's

of prior suit by another stock-

custodian.

513

holder.

812

CONVERSION.

CORPSES.

See Trover and Conversion.

See Dead Bodies.

CONVEYANCES AND TRANSFERS

COURTS.

OF PROPERTY.

See Bankruptcy; Corporations (De

See also Aliens; Appeal and Error;

Constitutional Law; Contempt;
Facto); Deeds; Easements; Land-

Indictment and Information; in-
lord and Tenant; Mortgages; Re-

ternational Law; Jurisprudence;
strictions and Restrictive Agree-

Law; New Trial; Witnesses.
ments as to Use of Property;
Vested, Contingent, and Future

Courts of Piepowder and Staple Courts.

Interests.

138-139

Jurisdiction of United States Supreme
COPYRIGHTS.

Court to review cases involving
See also Patents; Restraint of Trade.

federal right in state courts. 408
Effect of federal anti-trust laws on COVENANTS OF TITLE.
commerce in copyright articles.

Covenants in leases, see under Land-

394-400

CORPORATIONS.

lord and Tenant.

See also Banks and Banking; Conflict COVENANTS RUNNING WITH THE

of Laws; Constitutional Law; For-

LAND.

eign Corporations; Interstate Com- See Landlord and Tenant; Restrictions
merce; Municipal Corporations; and Restrictive Agreements as to
Public Service Companies; Rail-

Use of Property.

roads; Restraint of Trade; Sleep-COVERTURE.

ing Car Companies; Taxation; See Husband and Wife.

Tele phone and Telegraph Com-

CREDITORS.

panies.

Distinction between corporation

See Bankru picy; Corporations; Fraud-

and its members: Disregarding

ulent Conveyances; Partnership.

corporate fiction: capture of ves- CRIMINAL LAW.

sels transferred to domestic cor- See also Constitutional Law; Courts;

poration composed of alien en- Evidence; Extradition; Federal

emies.

335

Courts; Habeas Corpus; Indict-

-- with respect to statute of limi- ment and Information; New Trial;

tations.

811

Pardon; Self-Defense; Witnesses.

Citizenship and domicile of corpo- Particular crimes, see Contempt.

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