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LAW REVIEW

Vol. XXXIII

1919–1920

CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION

1920

1

Copyright, 1919, 1920,
BY THE HARVARD Law REVIEW AssociATION

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

TABLE OF CONTENTS

PAGE

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A CONTEMPORARY STATE TRIAL - THE UNITED STATES versus JACOB ABRAMS
et al. Zechariah Chafee, Jr. ...

747

AMENDING THE CONSTITUTION OF THE UNITED STATES. William L. Frierson 659

DELIVERY OF A LIFE-INSURANCE POLICY, THE. Edwin W. Patterson . 198

DEPENDENT RELATIVE REVOCATION. Joseph Warren

337

FEDERAL POWER TO OWN AND OPERATE RAILROADS IN PEACE TIME. J. A.
Fowler

775
HISTORY OF THE TREATMENT OF Choses IN ACTION BY THE COMMON LAW, THE.
W. S. Holdsworth.

997

IMPLIED-IN-FACT CONTRACTS AND MUTUAL ASSENT. George P. Costigan, Jr.. 376

INTERNATIONAL FLYING CONVENTION AND THE FREEDOM OF THE AIR, THE.
Blewett Lee

23

LANGDELL AND THE LAW SCHOOL. Charles W. Eliot .

LEGAL PREPARATION TESTED BY SUCCESS IN PRACTICE. Lauriz Vold.

168

LIABILITY FOR SUBSTANTIAL PHYSICAL DAMAGE TO LAND BY BLASTING - THE

RULE OF THE FUTURE. Jeremiah Smith

542, 667

LIMITATIONS UPON THE AMENDING POWER, THE. William L. Marbury

223

NATIONAL WAR LABOR BOARD, THE. Richard B. Gregg .

39

PROGRESS OF THE LAW, 1918-1919, THE

BILLS AND NOTES. Zechariah Chafee, Jr..

255

CIVIL PROCEDURE. Austin W. Scott .

236

CONFLICT OF Laws, THE. Joseph H. Beale.

EQUITY. Roscoe Pound .

420, 813, 929

MUNICIPAL CORPORATIONS. Joseph H. Beale

1058

TRUSTS. Austin W. Scott . .

688

WILLS AND ADMINISTRATION. Joseph Warren.

556

PROXIMATE CONSEQUENCES OF AN ACT, THE. Joseph H. Beale.

633

RAILWAY VALUATION AND THE COURTS. Gerard C. Henderson

902, 1031

REBIRTH OF THE HARVARD LAW SCHOOL, THE. Franklin G. Fessenden

493

RIGHTS OF IDEAS - AND OF CORPORATIONS, THE. T. Baty

SIXTEENTH AMENDMENT, THE. Harry Hubbard .

794

SPECIFIC PERFORMANCE IN CONNECTION WITH RECEIVERSHIP. Ralph E. Clark 64

STATE SOCIALISM AND THE SCHOOL LAND GRANTS. Andrew A. Bruce .

TAXABILITY OF STOCK DIVIDENDS AS INCOME. Edward H. Warren

885

THREE SUGGESTIONS CONCERNING FUTURE INTERESTS. Ernst Freund.

526

WATERS: AMERICAN LAW AND FRENCH AUTHORITY. Samuel C. Weil

133

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ABATEMENT.

Agent's liability to third persons:

Pendency of another claim in which Liability on contracts made for

present claim might be set up as undisclosed principal. 591, 604

counterclaim.

Promissory notes: note signed by

ADMINISTRATIVE LAW.

agent as agent.

265-266

631

British war administration.

Principal's rights against agent:

Agent's interference with pros-

Government organization in war time

631

and after.

309

pective sale by principal.

The national war labor board. 39-63

Recovery for agent's negligence

denied where equivalent to an

ADMIRALTY.

indemnity for principal's own

See also Insurance (Marine Insurance);

tort.

106

International Law; Salvage.

Principal's liability to third parties

Jurisdiction: Equitable jurisdiction: on contract: Liability of cor-

accounting incidentally involved. poration for contract made by

858 promoter prior to formation. 110

Jurisdiction affected by action pend- Principal's liability to third per-

ing in foreign country for same sons in tort: Corporation held

9

liable for punitive damages for

Tort on high seas: state court com-

the tort of an agent.

pelled to adopt admiralty rules Who is liable for negligence of

as to damages.

driver of hired automobile.

Salvage.

453

Practice: Adoption of admiralty rules

Principal's liability for crimes of

in action in common-law court.

agent: Criminal liability: sale of

300, 309

intoxicating liquor.

115

Prize seized by mistake in neutral

Ratification of unauthorized con-

waters.

612

tracts: Contract made by pro-

moter for

Torts: Admiralty rules of damages

corporation to be

formed.

Ito

adopted by common-law court in

action for tort on high seas.

Fallacy of doctrine.

628

Statute of Frauds: Employment of

Limitation of liability: negligence of

agent to secure mortgagee of land

held within statute.

735

tug not imputed to tow.

Undisclosed principal's rights and

ADOPTION.

liabilities with respect to third

See Parent and Child.

persons: Basis of liability. 628

AGENCY.

AIRPLANES.

Creation of agency: Agency by

The international flying convention

estoppel.

628

and the freedom of the air. 23-38

Impossibility of having an agency ALIENS.

by necessity.

627 Denial of right of aliens to maintain

Nature and incidents of relation:

billiard rooms.

108

Duty of loyalty: secret agree- Alien enemies: Judgment recovered

ment to pool commissions void. by non-resident alien enemy be-

976 fore war ordered paid to alien

Hired automobile and respondeat property custodian.

871

superior.

714, 725

Suits by enemy aliens.

871

714, 725

118

737

B

BANKS AND BANKING.

470
Effect of discharge: on liability for

See also Bills and Notes (Checks);
fraud arising from sale, the price Forcign Exchange.

having been proved as a claim. 470 Deposits: Creation of relation of

Failure to obtain discharge in prior bank and depositor a matter of

proceeding as ground for refusal contract.

977

of discharge in subsequent vol- Drawing check without sufficient

untary proceedings.

978

funds a crime.

279

Fraud: voluntary proceedings in- Refusal by bank to honor check of

stituted immediately prior to an one whose deposit it never con-
expected inheritance.

725
sented to receive.

977
Liens, dissolution of: Landlord's What act completes payment of a

right of entry for condition broken check received through the mail
against trustee.

or clearing-house. 278-279

709, 725

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