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LAW REVIEW

Vol. XIX.

1905–1906

CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION

PAGK

401

97 487 445

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PRESUMPTION OF THE FOREIGN LAW. Albert Martin Kales
PROMOTERS, THE LIABILITY OF CORPORATIONS ON CONTRACTS MADE BY.

H. S. Richards
RAILWAY RATE REGULATION. Adelbert Moot
RESPONDEAT SUPERIOR IN ADMIRALTY. Frederic Cunningham
SEAMEN, LIABILITY IN THE ADMIRALTY FOR INJURIES TO. Fitz-Henry

Smith, Jr.
STATE AND OFFICIAL LIABILITY. Edmund M. Parker
TRANSFERS OF AFTER-ACQUIRED PERSONAL PROPERTY. Samuel Williston
VESTED GIFTS TO A CLASS, THE RULE AGAINST PERPETUITIES AND. Albert

M. Kales.

418

335 557

598

INDEX-DIGEST.

210

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

italicized type to Articles. Criticisms of articles in other publications are also indicated in the annual

periodical index which follows this index.

A

ABUTTING OWNERS.

AGENCY.

See Highways.

See also Larceny (Consent): Charities

ACTIONS.

and Trusts for Charitable Uses; Mas-

Particular forms of actions, see Trespass.

ter and Servant.

Motive in instituting action as defence

Creation of agency: Special police

officer: whether agent of employer.

thereto.

376

ACCORD AND SATISFACTION.

Principal's liability to third per-

See also Consideration.

sons in contract: Disclosed prin-

Validity: Nature of accord and satis-

cipal's rights and liabilities under

faction.

58

agent's contracts with third persons.

Effect of accord executed: Unen-

456

forceable executory agreement ac- Respondeat superior: carrier's liability

cepted as satisfaction: effect. 58

for delay by strike.

54

ADMINISTRATION.

Undisclosed principal's rights and

Of estates, see Executors and Adminis- liabilities with respect to
trators.

third persons : Offer to contract

ADMINISTRATIVE LAW.

adopted by undisclosed principal be-

See also Constitutional Law.

fore acceptance.

296

General discussion of French adminis-

Principal's liability to third per-

trative law, criticising Dicey's com-

song in tort: Deceit by agent :

ments thereon.

335-349

principal's liability for.

391

Respondeat superior : Extension of doc-

ADMINISTRATORS.

trine to admiralty.

445-452

See Executors and Administrators.

Principal's liability for acts of in-

ADMIRALTY.

dependent contractors: Who

See also Salvage ; Seamen.

are independent contractors : fore.

Torts: Extension of Respondeat Su- man appointed by labor-union. 540

perior doctrine to Admiralty. 445–

Agent's liability to third persons :

452

Contractual responsibility on sealed

Division of damages between two tort- instrument when principal is ficti-

feasors,

129

tious.

59

Liability of ship for wilful tort of sea- Termination of authority: Revoca-

209

bility of agent's authority: power

ADVERSE POSSESSION.

coupled with an interest: general

discussion.

See also Dedication ; Disseisin.

287

Revocation : Power of agent without

Who may gain title by adverse

knowledge thereof.

possession: Remainderman under

374

void devise through occupancy of

Revocation : effect of actual and con-

life tenant.

structive (by record) notice to third

59

Rights resulting from adverse posses-

parties : general discussion. 373
sion of one claiming less than the ALIENATION, RESTRAINTS ON.
fee.

463 In devise to separate use of married

Against whom title may

be

475

gained: Remainderman in favor life
tenant under void devise.

ALIENS.
59

See also Chinese Exclusion Acts.

ADVERTISEMENTS.

Fraud in decree of naturalization :

Nature of interest created by contract

whether state court may vacate on

for display advertisement.

526

account of.

297

AFFREIGHTMENT.

Naturalization of alien unable to speak

See Shipping:

English.

392

woman.

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

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the annual
periodical index which follows this index.

Naturalization: general discussion of APPEAL AND ERROR.

requisites for.

392

Mandate of appellate court remanding

Naturalization of participants in coal and reversing cause : effect of. 533

riot.

392 APPOINTMENT, POWER OF.

Nonresident aliens: Rights of under

See Powers.

statute for death by wrongful act.

215

ASSAULT AND BATTERY.

ALIMONY.

Civil liability : Physician's liability for

See under Marriage ; Divorce.

operation without patient's consent.

220

AMUSEMENTS.

ASSIGNMENTS.
Public places of amusement as public Of choses in action, see Choses in

service companies, see Public Ser. Action ; Conflict of Laws (Assign-
vice Companies.

ment of Choses in Action).
ANIMALS.

Of judgments, see Judgments.
Damage to persons and chattels by ATTACHMENT.

animals : What amounts to keep- Rights of holder of bill of lading when
ing and harboring sufficient to im- goods attached are in possession of

pose liability.

463

bailee.

370

Bees : damage by.

Whether realty attached is in possession
Trespass on realty by animals :

of court.

210, 377
Liability of municipal corporation : ATTORNEY-GENERAL.
see Municipal Corporations (Lia.

Position of state attorney-general. 524
bility for Torts).

Bees: liability for trespass by. 615

ATTORNEYS.

Compensation and lien : Lien of

ANNEXATION.

stock-holders' attorney on fund re-

Effect on existing laws : see International covered for corporation.

Law.

Priority over right of set-off.

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B

BAILMENTS.

Exemptions: Life insurance policy:
See Innkeepers.

meaning of " cash surrender value."

BANKRUPTCY.

377

See also Receivers.

Discharge : Debts not discharged:

Preferences: Perfecting inchoate right Liabilities for support of wife or

to security by recording mortgages.

child.

297

297

Effect of discharge : whether stock of

Perfecting an inchoate right : taking bankrupt regarded as paid up in

possession under a prior bill of distribution of corporate assets. 377

sale.

Receivers : Ancillary receivers : power

Priorityobtained within statutory

of federal court to appoint. 543

period by act done before. 212 BANKS AND BANKING.
Transfers of after-acquired property as See also Bills and Notes (Checks).
effecting preference : perfection of

Deposits : Tentative trusts in savings

inchoate rights.

557-585 bank deposits, see Trusts.

Whether surrender necessary before Director's liability for deposit received

proof.

59 after known insolvency. 616

Appointment, Qualification and Liability for deposit to personal ac-

Tenure of trustee : Effect of count of check made payable to

debtor's interference in election of

trustee.

trustee.

106-112 Revoked check; election of remedies

Proof of claim : Sworn statement of for payment of
claim as evidence under Act of 1898 :

Collections : Check

drawee
duty of going forward on objecting

bank for collection : liability of de-

party.

534

positary on drawee's insolvency. 464

Provable claims: Set-off of dishon- BEQUESTS.

130

sent

ored certified check paid by drawer See Legacies and Devises.

after drawee's insolvency. 212 BILLS AND NOTES.

Partnership and individual claims Negotiability: Certainty in amount:

and assets : A dininistration of non- unpaid interest made part of prin-

bankrupt partner's estate. 615!

cipal.

бо

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

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the

annual periodic index which follows this index.

Joint-stock company's bond on which | BOARDING HOUSES.

stockholders not liable: whether See Innkeepers.

negotiable.

616

Checks : Certified check: general BONDS.

discussion of relation of parties. 143 For administration bonds, see under

Nature of drawer's liability.

Executors and Administrators.

Certified checks fraudulently obtained: Forced transfer: liability for, see Con-

bank's liability for dishonor of. 143 structive Trusts.
Revoked check: election of remedies

Indemnity bond to city by negligent

for payment of.

130

contractor : whether excluding tort

Set-off of dishonored certified check

action.

138

paid by drawer after drawee's in-

solvency.

212 BRIBERY.

Purchasers for value without no See Nlegal Contracts.

tice : Acquisition of title from

thief.

55 BROKERS.

Defenses: Notice to indorser where

Stocks carried on margins : relation be.

maker dead: whether required tween broker and principal: gen.
under Negotiable Instruments Law. eral discussion.

529

- sale by broker without notice to
BILL OF EXCEPTIONS.

customer.

529
See Exceptions, Bill of.
BILLS OF LADING.

BURDEN OF PROOF.
See also Sales.

Duty of going forward with evi-
Fraudulent issue by agent: principal's dence in particular cases : In
liability therefor.

391 bankruptcy, see Bankruptcy;

BILLS OF PEACE.

Incorrect transmission of telegram :

Bill by assignee of a corporation for duty on telegraph company. 474

unpaid stock subscriptions. 213

Proof of foreign law.

401-417

212

С

CARRIERS.

- stealing a ride.

263-265

See also Railroads : Shipping.

- guest of servant of carrier. 265-266

Control and Regulation : Dependent Ejection of passengers : Wrongful

services of common carrier: general refusal of agent to sign contract for

discussion.

144 transportation.

Duty to accept and carry pas.

Personal injuries to passengers :

sengers : Blindness as a ground

Conductor's assault on passenger in

for rejection.

298

another car: liability for.

378

Delay: Damages from special circum Injury from defect in station to which

stances of which carrier has notice.

expectant passenger admitted with-

531

out authority.

378

Strike: liability for delay caused by. Elevators : Duty of care owed to

54

passengers.

300

Discrimination and overcharge :

CEMETERIES.

Personal discrimination in carrier's

own favor by carrier acting as

Life tenant's right to grant burial per-

dealer.

mits.

205

453

Exclusive privileges granted to certain

Nature of rights of purchasers of lots :
hackmen.
298 general discussion.

205
Who are passengers : When relation CESSION.
begins : boarding car.

131 Effect on existing laws, see Interna.

Gratuitous carriage of employee re-

tional Law.

turning from work.

130

Position of one having paid fare. CHARITIES AND TRUSTS FOR

251-252

CHARITABLE USES.

- waiting at station for train. 252-254 Creation and enforcement of chari-

- boarding a moving train. 254-255

table trusts : Validity of trust per-

- boarding street car or omnibus. formable outside of jurisdiction of

255-259

its creation.

- riding in place not intended for Visitatorial power not retained by

passengers.

259-262

settlor : who shall exercise. 545

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