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LAW REVIEW

Vol. XXVII.

1913-1914

CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION

1914

Copyright, 1913, 1914,
BY THE HARVARD LAW REVIEW ASSOCIATION

THE UNIVERSITY PRESS, CAMBRIDGE, U.S.A.

TABLE OF CONTENTS.

ARTICLES.

PAGE

CONSIDERATION IN BILATERAL CONTRACTS. Samuel Williston

503
DUTY TO SEEN TRESPASSERS. Robert J. Peaslee.

403
END OF LAW AS DEVELOPED IN LEGAL RULES AND DOCTRINES, THE. Ros-
coe Pound

195

END OF LAW AS DEVELOPED IN JURISTIC THOUGHT, THE. Roscoe Pound.

FAIR VALUE FOR RATE PURPOSES. Robert H. Whitten

419

FEDERAL CONTROL THROUGH A REGULATION OF THE MAILS, THE EXTENSION

OP. Lindsay Rogers

27

FUNDAMENTAL LAW AND THE POWER OF THE COURTS, THE. Herbert Pope 45

GENERAL POWERS AND PERPETUITIES. J. L. Thorndike

705

IRREVOCABLE OFFERS. D. 0. McGovney

644

JURISDICTIONAL LIMITATIONS UPON COMMISSION ACTION. Bruce Wyman

545

JURISDICTION In Rem To COMPEL PAYMENT OF A DEBT, THE EXERCISE OF.

Joseph Henry Beale

107

LEGISLATIVE DIVORCES AND THE FOURTEENTH AMENDMENT. Simeon E. Baldwin 699
MINNESOTA RATE CASES, THE. Hannis Taylor

14
New FEDERAL EQUITY RULES, ONE YEAR UNDER THE. Wallace R. Lane
PHILOSOPHIES OF LAW, THE New. WITH A NOTE BY ROSCOE POUND.
Robert Ludlow Fowler

718
POLICE POWER, A PRODUCT OF THE RULE OF REASON, THE. George W. Wicker-
sham . .

297

PREDATORY PRICE CUTTING AS UNFAIR TRADE. Edward S. Rogers .

139

PUBLIC WRONG AND PRIVATE ACTION. Ezra Ripley Thayer .

317

REPRESENTATION AND WARRANTY IN SALES. Heilbut v. Buckleton. Samuel

Williston

RIGHT TO FOLLOW MONEY WRONGFULLY MINGLED WITH OTHER MONEY, THE.
Austin W. Scott .

125

TRUSTS AS EXPRESS, RESULTING, AND CONSTRUCTIVE, THE CLASSIFICATION OF.

George P. Costigan, Jr.

437

WATER LAW, THEORIES OF. Samuel C. Weil

530

WHERE AND How to BEGIN PRACTICE, SUGGESTIONS FROM LAW SCHOOL

GRADUATES AS TO. Richard Ames

260

WORKMEN'S COMPENSATION Acts, SEQUEL TO. Jeremiah Smith

235, 344
ruptcy court to administer.

629

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ABATEMENT AND REVIVAL.

Insurance; Master and Servant;

Survival of action: Libel in will: Physicians and Surgeons.

action against executor. 666, 677 Nature and incidents of the rela-

ABUSE OF PROCESS.

tion: Agent acting for two prin-

See Process.

cipals: enforceability of

tracts.

282, 585

ACCORD AND SATISFACTION.

Knowledge of agent: when imput-

Validity: Disputed claim: payment

able to principal.

481

of sum less than debtor admits to

Principal's rights against agent:

be due; retention of check tend-

Gratuitous agent's liability for

ered as payment in full. 677

non-feasance.

ADMIRALTY.

Principal's rights against third

Jurisdiction: What law governs ship persons in contract: Effect of

on high seas.

268, 282 receipt of usurious commission by

Torts: Effect of state statute abol-

agent.

174

ishing right recognized by mari- Agent's liability to third persons:

time law.

Liability on contract for partly

Tort on high seas: law of the flag undisclosed principal.

applied.

82 ALIENS.

ADVERSE POSSESSION.

Naturalization of aliens: Who is

See also Title, Ownership, and Pos- a free white person within federal

session.

naturalization law.

277

Subject matter and extent: Min- ANIMALS.

erals: severance from surface by Damage to animals, see Railroads.

deed; grantee of adverse posses- ASSAULT AND BATTERY.

sor holding possession for his Criminal responsibility: Specific

grantor.

173

intent of defendants engaged in

Against whom title may be gained: common enterprise.

174

Railroad company.

277 | ATTORNEYS.

AGENCY

Admission to the bar: Admission

See Corporations (Torts and Crimes); of women,

175

conversion of mail.

1851 Preferences: Four months' limita-

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

tion: previous transfer recorded Checks: Equitable assignment. 177
within four months.

481 Traveller's checks: liability of

Property passing to trustee: Life issuing banks when counter-sig-

insurance policies.

83

nature is forged.

678

Provable claims: Executory con- Statutes: Negotiable Instruments
tracts, claims under.

469, 482 Law: effect on set-off by surety
BANKS AND BANKING.

maker of promissory note against

Deposits: Liability to cestui where insolvent bank.

278

trustee deposits check to his

effect on statute making gamb-

personal account.

176

ling notes void.

679

Rights against depositor: recovery BILLS OF LADING.
for payment of forged traveller's

See under Carriers.
check.

678

Common law and mercantile the-
Right to apply deposit of converted

ories.
funds to antecedent debt of de-
positor.

677 BROKERS.
BILLS AND NOTES.

Carriers' liability under order
Negotiable Instruments Law:

bill for delivering on presentation

of forged bill of lading. 186
164, 177, 679

Stocks carried on margins: effect of

119.

278

tortious disposal by broker on

right to recover debt. 393

189.

177 BURDEN OF PROOF.

192.

278 Proof of main issue: Quantum of

Defenses: Mental incompetency: in- proof under penal statutes.

toxication and insanity. 164,

77, 382

177 BURGLARY.

Waiver of defense: by execution of Entry: Opening a door already ajar.
renewal note.
753

382

683, 597

679

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CARRIERS.

Passengers: who are passengers:

See also Interstate Commerce; Public Position of one having paid fare:

Service Companies; Railroads.

ticket procured at reduced rate

Baggage: Unaccompanied by owner. by fraud.

383

482 Passengers: duty to accept and

Bills of lading: Liability on bill after carry passengers: Duty to carry
delivery of goods.

754

sick persons in baggage car. 278

Liability under order” bill for

Failure to transport to destination.

delivering presentation of

483

forged bill of lading.

186

Passengers: ejection of passengers:

Discrimination and overcharge: Failure to produce ticket caused

Industrial railways. 579, 586

by fault of carrier.

755

Mistake: liability for negligence in Personal injuries to passengers:

quoting too high a rate. 177

Insults by a servant.

84

Right to collect balance of legal

Rights of passenger assisting in re-
rate from consignee when lower

straint of disorderly fellow-pas-
rate originally charged by mis-

senger.

376, 383

take.

83 Servants' torts: assaults or insults

Whether extension of credit to some provoked by passenger.

171,

but not all shippers constitutes

179

discrimination.

754

Tickets: Standard of care in sale of

Limitation of liability: Effect of

tickets.

178

filing the terms of limitation with

the interstate commerce

CHATTEL MORTGAGES.

mission.

Rights of intervening creditors:

Exemption from liability for negli- Necessity of change of possession

gence to sleeping-car employees. when goods are in hands of prior

586

mortgagee.

587

737, 755

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