COPYRIGHT BY THE YALE LAW JOURNAL COMPANY

1914 - 1915

PRESS OF THE TUTTLE, MOREHOUSE & TAYLOR COMPANY

NEW HAVEN, CONNECTICUT

INDEX

ARTICLES

III

Advertising Signs on Property—The Constitutionality of Statutes

Forbidding. Henry T. Terry...

American Churches-Acquirement of Real Property by. Carl
Zollman

553

Ante-Nuptial Contracts; Their Origin and Nature. Oscar C. Ronken 65

Arbitration–The Advance made by Treaties of. James L. Tryon 56

Britton v. Turner. Clarence D. Ashley.....

544

"Business Insurance”—The Legality of So-Called. R. W. Withers 471

Constitution-Changing The. Edward C. Eliot......

649

Constitution—Tinkering with The. Jos. R. Long...

573

Constitutional Law Decisions-Five to Four. Albert H. Putney.... 460

Contracts Made Prior to Receivership The Effect of Failure to

Perform. Charles, P. Hine......

Corporation-Power of to Acquire its Own Stock. 1. Maurice

Wormser

177

Corporations Taxation of. Oscar L. Pond...

381

Due Process of Law-Persistent and Harmful Influence of Murray

v. Hoboken Land & Improvement Company. Hannis Taylor.... 353

European War-Some Legal Consequences of the. George W.

Wickersham ..

412

Examination Questions Framed by State Boards of Bar Examiners-

A Comparative Study of the Results. I. Maurice Wormser... 34
Federal Trade Commission-The. John B. Daish.......

43
Income Taxes Cases-A Correction. Frank Warren Hackett..... 661
Interstate Commerce Power of the States over Commodities
Excluded by Congress From. Lindsay Rogers.....

567
Interstate Commerce Commission—The Rise of. Bruce Wyman.... 529
Jefferson Davis—The Trial of; An Interesting Constitutional
Question. David K. Watson...

669

Jury-Government by. Lucilius A. Emery.

265

Justice The New Legal. Oscar R. Ewing ..

441

Military Authority-Unconstitutional Claims of. Henry Winthrop
Ballentine

189

Multiplicity of Suits-Jurisdiction of Equity Relating to. R. V.

Fletcher

642

National Banks—State Taxation of. George Bryan..

149
Neutrality. George B. Davis....

89

Neutrality Treaties—The Permanent. Gordon E. Sherman.. ... 217
Participating Mortgage Certificates as Investments for Trustees-
Legality of. Frank C. McKinney.....

286
Partnership Act—The Uniform. William Draper Lewis....

617
Patent Causes— Judicial Discretion in. William Macomber..

99
Practice of Medicine-Metaphysical Treatment of Disease as. Peter
V. Ross....

391
Prize—The French Law of. Charles Henry Huberich.....

663
Railroads-A Plan for the Nationalization of. W. W. Cook........ 370
Real Estate Some Neglected Principles in the Purchase of by one
of Several Co-Owners. Fred L. Gross......

317
Supreme Court as a Co Ordinate Branch of the United States Gov-
ernment–The. Everett P. Wheeler.....

300
Torrens System-Pivotal Points in the. William C. Niblack..... 274
Trust Problem in the Light of Some Recent Decisions-The.
Herbert J. Friedman....

488
Verdict—Has a Trial Judge of a United States Court the Right to
Direct a. Frank Warren Hackett...

127
Water Power Problem in the United States—The. Rome G. Brown

...

12

COMMENTS

ASSIGNABILITY OF MONEY CLAIMS—Effect of Restricting the....... 590
AUTOMOBILE OWNER—What Facts are Necessary to Make a Prima
Facie Case against.....

77
CERTIFICATES OF DEPOSIT–Lost.....

682
CONSIDERATION-Is it Necessary to Make a Binding Waiver of a
Right under a Contract.....

333
CONTRACT OF INSURANCE WITH A MUTUAL BENEFIT SOCIETY-Extent

to Which it can be Varied by Subsequent Changes in By-laws 337
EQUITY JURISDICTION TO ENJOIN CRIMINAL PROCEEDINGS...

327
GIFT MORTIS CAUSA MADE IN CONTEMPLATION OF SUICIDE—Validity of 164
INHERITANCE OF FREEDMEN BORN OF SLAVE PARENTS-Rights of...... 75
INTOXICATING LIQUORS–Sale by a Bona Fide Social Club Without a
License

422
JOINT-TORT FEASORS—Release of One as a Release of All.

505
Last CLEAR CHANCE-Knowledge of Plaintiff's Danger...

330
Moses v. MACFERLAN–Is it Sound Law......

246
MUNICIPAL CORPORATIONS AND QUASI CORPORATIONS-Liability of for

Injuries Resulting from Negligence in Maintaining Public Parks 511
NUISANCE DUE TO ACTS IN ANOTHER STATE-Powers of a State to
Punish for......

323
PAROL CONTRACT FOR THE SALE OF LAND—Specific Performance of 426
POWER OF A COUNTY TO Tax ITSELF FOR A STATE INSTITUTION TO BE
LOCATED IN THAT COUNTY....

251
RESTAURANT KEEPER—Legal Effects of Serving Impure Food to his
Guests

73

677
162

RESTRICTIVE CONDITIONS IN THE EMPLOYMENT OF LABOR—Legislative

Power to Prohibit. ...
RIPARIAN OWNER'S RIGHTS IN LAND LOST BY EROSION....
STATUTE OF LIMITATION-Written Acknowledgment Necessary to

Waive the ..
TELEPHONES—Is the Telephonic Delivery of an Interstate Telegram

an Interstate Transaction....
TORTS—Is it a Tort to Create an Obligation Against a Third Party,

Without Right or his Consent, Whereby Another May Rightfully
Deprive him of his Property..

242

594

419

RECENT CASES

ACCORD AND SATISFACTION-liquidated claim-consideration........ 429
ACCRETION-dredging

687
ANIMALS-injuries by-responsibility of owner..

514
BANKRUPTCY-exemption-time of filing claim of homestead.. 687
BANKS AND BANKING–insolvency-claims deposits....

253
Subrogation of stockholders to rights of depositors...

340
BILLS AND NOTES—accommodation maker-extension of time of pay-

ment-effect
Holder for value-deposit-credit entry.....

253
Liability of agent-admissibility of parol evidence

688
Makers who are liable as such...

597
Negotiation-payee as holder in due course..

429
Notice of executory consideration conditions in contemporaneous
documents

596
Transfers-illegal consideration...

340
Wrongful transfer-right of action.

514
BROKERS compensation-acting for both parties...

597
Liability to principal for unauthorized investments by agent.... 689
BURGLARY-Elements of offense-"forcible breaking”......

514
CARRIERS liabilities for injuries-owner of elevator .....

254
Passenger's action for injuries-burden of proof-res ipsa
loquitur

255
CHATTEL MORTGAGES—invalidity as to creditors-possession by
mortgagor

598
COMMERCE-interstate commerce—what constitutes...

515
State regulation-Congressional inaction-rates for interstate
Ferriage

80
CONSTITUTIONAL Law-police power-public display of red flags...
CONTRACTS—assignment-sale on credit-personal trust and confi-
dence

516
Consideration-legal duty to third person.

599
Illegality-grounds of relief....

255
CONTRIBUTION-joint tort-feasors negligence.

257
CONVERSION-cutting timber-measure of damages

600

...C

82

CRIMINAL Law-assault and battery,excessive speed of automobile 600
CRIMINAL PROCEDURE—burglary indictment-ownership of goods..... 166
DEDICATION-estoppel to accept......

690
DESCENT AND DISTRIBUTION-causing or procuring death of intestate 341
DOMICILE-domicile of choice-intent....

517
DOWER—inchoate right-injunction of waste by alienee....

342
Due PROCESS OF LAW-fake imprisonment-juvenile delinquents.

166
ELECTRICITY-action for injury-res ipsa loquitur....

601
EQUITY-annulment of marriage-persons entitled to sue.

258
Suit to remove cloud on title..

81
EVIDENCE-expert witnesses-reading of scientific books.

343
Parol-written contract

82
Trailing by dogs....

602
EXECUTORS AND ADMINISTRATORS—priorities of claims-Funeral
expenses-monuments ....

517
FRAUD-judgments-measure of damages...

258
Sale of land-misrepresentation of measurements.

603
GAMBLING SLOT MACHINES—summary seizure as a measure of pre-

ventative justice.......
GIFTS CAUSA MORTIS-requisites...

167
GUARDIAN AND WARD-child's estate-parent's burial expenses.

430
HOMICIDE-causes of death.....

518
Duty to retreat...

431
HUSBAND AND WIFE-advances to husband-interest.

343
Deed by husband to self and wife-estate created..

432
“Desertion"

518
INDICTMENT AND INFORMATION—variance-name of person injured.. 604
INFANTS-contracts-disaffirmance

344
INNKEEPERS—duty to furnish accommodations to guests...

168
INSANE PERSONS—contracts—validity......

345
INSURANCE-accident-death induced by mental shock..

83
Accident policy-right of recovery.....

168
Actions on policy-waiver.....

84
Assignment of policy-insurable interest..

433
Fire policies-change of interest.......
Reviver after temporary breach of condition....

519
INSURANCE POLICY_limitation on power of agent-waiver of con-
dition

169
JUDGMENT-collateral attack-error-fraud..

520
LANDLORD AND TENANT–defective construction of building-dam-

ages—liability of landlord......
LIBEL AND SLANDER—words actionable per se-disparagement of
trade or business-quality of articles sold......

434
MANDAMUS— liability of governor-ministerial duties..

604
MARRIAGE-annulment-fraud concerning health....

346
MASTER AND SERVANT-injuries to third person-negligence of serv-

ant-operation of automobile-respondeat superior.... 347
Liability of master to servant for the master's own torts-non-
assignable duties.......

348
MONOPOLY—conspiracy of members of trade unions-circulation of
"unfair" lists....

605

433

346