References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type С CANCELLATION OF INSTRU- Partial assignments. 104-105, Contracts: unilateral mistake of fact Successive assignments: effect of 637, 649 notice to the debtor. CARRIERS. Whether assignment gives the as- 97–108, 449-485 516 What is meant by saying that the assignee is legal owner. 452-473 What may be assigned: Assign- 286 296 Effect of waiver of restriction on Demurrage: Right of carrier to assignment. charge demurrage on privately COLLATERAL SECURITY. owned cars on public and on pri- Loss of collateral as defense to liability Federal regulation: Power of com- COMMISSIONS. mission to raise rates after elimina- tion of water competition due to Of executor who was also trustee. 189 Limitations of liability: Agreed See also Taxation. Validity where goods are converted. Effect and performance of con- Passengers: who are passengers: moratorium to a contract to be Child riding free at invitation of Jurisdiction for divorce: Non-resi- Recovery of person not a passenger for injury caused by misfeasance dent husband bringing action in state alleged to be separate resi- Personal injuries to passengers: Duty to protect from assault. 81 Validity of foreign decree against non-resident based on constructive Sleeping cars: Liability of carrier for Pullman employees to trespasser. Jurisdiction of courts: in general: CERTIFICATION. Sources classified 676-678 Personal jurisdiction: Service: service by publication as a denial 761 Consent as basis. 677-678, 689-695, 702 Service: substituted service on non- See under Bills and Notes. resident individual doing business in state by notice to place of Jurisdiction of courts: jurisdic- Gifts: Parol extinguishment of debt. tion in rem: Jurisdiction of 760 federal courts to adjudicate juris- dictional facts in bankruptcy cases Effect of assignment at law and and to adjudicate bankruptcy. 640 Recognition of foreign judgments: Rights and liabilities of assignee: Equitable decree as a cause of Debtor's right to set off against the assignee claims against the as- Remedies: right of action: Re- signor. 101-102, 106, 473-475 covery for mental anguish due to Latent equities: how far binding on negligent non-delivery of inter- 82 References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type Rights and obligations of foreign religious: Liberty to contract as corporations: Nature of the affected by “ Bulk Sales” Law. 486, 516 Restriction on freedom of press by Whether shareholder in a corpora- enjoining publication of injurious tion is bound by the laws of state falsehoods. incorporation or of state in which Validity of city ordinance making it a misdemeanor to refuse to pay taxicab hire with imprisonment What constitutes consideration: as a penalty. Promise to supply indefinite needs Powers of the judiciary: Power of Australian judiciary to hold stat- Army and navy clauses: Implica- 599, 609-613 tions for war legislation. 667–675 Powers of legislature: delegation Construction, operation and en- trative board to declare a statute Constitutional interpretation in Australia, Canada and the United Powers of legislature: taxation: Constitutionality of an income Construction, operation and en- tax on a corporation engaged in export trade. 82 Construction of the Australian Powers of legislature: implied Constitution Act by reference to powers: Federal power to incor- Enforcement of the Australian Con- stitution Act: by the high court 600-611 of powers: Under English law. Enforcement of the Australian Con- 664-666 stitution Act: by Australian Powers of legislature: implied state courts. 611-615 powers: War emergency legisla- Enforcement of the Australian Con- tion. 667-675 stitution Act: whether the privy Powers of legislature: military Meaning of term legislature in fed- of national guard on militia. 176, eral constitution. 184 191, 712-723 Due process of law: For service or Privileges, immunities and class non-resident, see Conflict of Laws legislation: Conditioning busi- activities of non-resident War emergency legislation. 672-674 individual on subjection to juris- Validity of experimental legislation: diction by non-personal service. Adamson Law. 739 696-702 Enforcement of judgments: Full Conditioning business activities of non-resident unincorporated asso- jurisdictional facts. 640 ciations doing business within Federal and state powers: Federal state. 702-711 power to incorporate railway com- Right of prisoner to be confronted panies and regulate them. with witnesses against him. 84 589-593 Personal rights: civil, political and religious: Right to speedy and stitutional government: De- public trial. 771 velopment of constitutional gov- Privileges, immunities and class 595-618 return to scene of the accident English War Cabinet (1916– ) as a and reveal his identity as affect- constitutional experiment. ing the privilege against self- 781-792 incrimination. 195 Features of the Australian Con- Validity of statute abolishing in- stitution Act. 597-600 junctive remedy in labor disputes. Personal rights, civil, political and 75, 85 1 ness References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type Separation of powers: Impossibility curing enlistment in the army by of enforcing separation in the or- fraudulently misrepresenting age. ganization of special administra- Defenses: impossibility: Impossi- Power of administrative board to bility caused by domestic law. declare a statute unconstitutional. Remedies for breach of contract: Power of legislature to punish for Action by attorney because of client's discharging him without Suspension of sentence as exercise Suits by third persons not parties 369, 396 to the contract: Vendor's lien Trial by jury: Public trial. 771 given to beneficiary of contracts Misconduct by non-fiduciaries: CONVEYANCES AND TRANSFERS Insured person murdered by bene- ficiary: trust in favor of estate. See also Dower; Tenancy in Common. Title acquired by murderer held Injunction by one co-owner of a copy- subject to constructive trust. right against infringement by the Acts of conduct constituting con- See also Voluntary Associations; Tax- Trademarks and Trade names; ture of the right represented by a Confiscation of neutral ship for carry- Right of assignee of holder of stock certificates in excess of charter See also Choses in Action; Insurance; Citizenship and domicile: Enemy character attaching to domestic Sales; Specific Performance; corporation with alien enemies as shareholders. 83 Citizenship and domicile of cor- poration: Franchise tax on cor- Construction of contracts: Con- tract of insurance in mutual com- Corporations de facto: Creation by consolidation unauthorized until Demurrage rate after unreasonable Dissolution: Effect of incorporation of voluntary association and sub- Suits by third persons not parties to the contract: Recovery of sequent dissolution. Power of a majority of the stock- holders to effect a dissolution against the wish of minority Construction of contracts: stockholders. 335-353 Whether right of dramatization Distinction between corporation includes moving picture rights. and its members: Disregard- 83 ing corporate fiction: garnish- Contracts implied in facts: ment of debt owed corporation in Whether right of dramatization action against stockholder. 702 includes moving picture rights. Growth of the distinction and the 83 understanding of it in early Eng- Creating servitudes, see Easements. lish institutions. 501-588 Defenses: fraud: Right of parent Insolvency of corporations: Right to procure discharge of minor pro- of stockholder under option to 656 References in heavy-faced type are to Notes; in plain type to Recent Cases; and in italicized type surrender stock and become a liability of true owner's agent to Nature of corporation: Historical Stockholders: individual liability to corporation and creditors: 678-686 Whether a shareholder's liability that corporation is present where state of incorporation or of the state in which business is con- Promoters: Fiduciary relation: lia- Tort and crimes: Responsibility for libel communicated from officer S8 poration and to future share- to agent of corporation. 45-50 Right of court martial to hear criminal Whether a fiduciary relation to the Reorganization and consolidation: See Corporations (Stockholders). See also Constitutional Law. Former jeopardy: Conviction for lesser offense no bar to prosecution transfer to it the assets. 335-366 for greater offense when the court Stockholders: individual liability trying the lesser offense had no jurisdiction over the greater. 287 Effect of failure to pay statutory Judgment on pleading a bar to second percentum of subscription. 763 Individual liability as affected by Insanity: General relations of in- sanity and criminal responsibility: Stockholders: powers of majority: discussion of legislation proposed To dissolve the corporation against by the American Institute of the consent of minority stock- To sell the assets to another cor- Insanity as a defense in crimes where no specific intent is necessary. To form a new company in another state and transfer the assets to it. 360-366 Irresistible impulse. 540-551 Stockholders: rights incident to Law of Massachusetts, New York, fair election of officers. 763 Possible partial responsibility of Right of stockholders of bankrupt insane offenders. building association to vote for Tests of irresponsibility: scope of Stockholders: individual liability Proposed criminal responsibility bill. Protection of stockholder receiving Sentence: Discretion of trial court 395 Trial: Attorney's duty to disclose 642 767 Right of court-martial to hear Stock registered in another's name: criminal case in camera. 771 able delay. Measure of damages: tort: Lia- References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type bility for unauthorized repetition Effect of murder of insured by bene- DANGEROUS PREMISES. Rights of child under unexecuted contractor to persons coming on DIVORCE. Laws; Marriage. Alimony: Equitable decree for ali- DEATH BY WRONGFUL ACT. mony as a cause of action in a Common law liability: Applica- tion of statutory liability to tort Refusal to pay alimony punish as Grounds: Uncorroborated testimony Statutory liability in general: At- tempt to impose liability under Jurisdiction: Non-resident husband one statute giving damages for bringing action in state alleged injury and a second statute giv- to be separate residence of wife. Justification of death statute. Validity of foreign decree against a non-resident based on construc- Imprisonment for violating statute DOMICILE. 394 Domicile of wife as basis of action for divorce brought by non-resident Particular cases: Effect of misrep- resentation as to age as effecting Domicile of corporation whose stock- holders are alien enemies. jury occurring in violation of DOWER. Dower barred by estoppel in pais. Construction and operation in Effect of avoiding a fraudulent con- general: Life estate raised by veyance in which dower is re- Effect of ignorance of one's rights: Compensation: Claim and respect Modes of acquisition: implied of loss of profits caused by grad- Compensation to owner of domi- flowage of water in mill race. Nature and classes of easements: tenement is condemned. 89 Whether necessary in time of war, 672-673 When is property taken: Damage 764 rying with it easement by neces- sity of erecting machinery on EMPLOYER'S LIABILITY ACTS. surface. 84 See under Master and Servant. |
