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If these societies had for their object merely the protection of the lower animals, though they might be benevolent, they could hardly be called philanthropic, or charitable. But the court considered that the advancement of morals among men was also involved in their object, and that they were therefore brought within the term charity. So, a Society for the Prevention of Cruelty to Animals, a Home for Lost Dogs,a Society for Protection of Animals liable to Vivisection, ( 35 Ch. D. 472 ), and an institution for studying and curing diseases of beasts and birds useful to man, (1 De G. & Jo. 72), have been held charitable.
TRUSTS - FRAUDULENT SALE-FOLLOWING Proceeds.
- Plaintiff was induced
by the fraud of B to sell him sugar on credit. B resold on credit and later made an assignment for the benefit of creditors. Plaintiff then, on discovering the fraud, sued B's assignee for the proceeds of the resales. The particular proceeds could be identified. Held, plaintiff has an equitable lien on the proceeds. American SugarRefining Co. v. Fancher, 40 N. E. Rep. 206 (N. Y.).
The case is interesting as involving a constructive trust of the proceeds of personal property, where the trustee was neither a fiduciary nor a wrongdoer who lacked title ab initio. The trust was, however, properly implied because of the fraud, and equity "makes use of the machinery of a trust for the purpose of affording redress in cases of fraud. Bispham on Equity, § 91. Given the trust, the proceeds, if identified, can be followed. Newton v. Porter, 69 N. Y. 133.
COMMENTARIES ON THE LAW OF PRIVATE CORPORATIONS. By Seymour D. Thompson, LL. D. San Francisco Bancroft-Whitney Co. 1895.
8vo. 6 vol.
It is unsatisfactory to make comment upon a work of such importance and magnitude as Thompson on Corporations, before the work is given to the public in its completeness; for any judgment passed on the scope and thoroughness of the treatment of the Law of Corporations, when two of the six volumes have yet to appear, must necessarily lack finality. Therefore it has been deemed best to postpone consideration of this publication until it can be reviewed as a whole. The last volume is announced for publication in November.
MUNICIPAL HOME RULE. A Study in Administration. By Frank J. Goodnow, A. M., LL. B., Professor of Administrative Law in Columbia College. New York and London: Macmillan & Co. 1895. 8vo. pp. xxiv, 283.
title, which gives The author has
The only objectionable thing about this book is its no adequate idea of the nature or value of the contents. given the reader not only a thoughtful treatise on the proper sphere of municipal action, but also an admirable summary of the present state of the law. There is no other book which contains so valuable a statement, in so small a space, of the law on certain elementary points relative to municipal corporations. Chapters VI. to XI. (both inclusive) fully justify the hope modestly expressed in the Preface, that the book may be useful from the legal as well as from the political point of view. These chapters discuss the liability of municipal corporations for torts, and the degree of protection afforded to municipal property by the constitutional provisions respecting private property. This part of the book forms an admirable introduction to what Professor Goodnow aptly terms the "great work" of
Judge Dillon. The conspicuous merit of what may be called "the legal chapters" consists in their clear statement of the various and conflicting theories heretofore acted upon by different courts. The present state of the legal controversy as to these important open questions is depicted here in vivid colors and with a due sense of proportion. While the author does not conceal his individual views, he also gives a fair statement of all the prominent theories and a reference to a sufficient number of illustrative cases. The work cannot fail to be of great service to the legal profession. J. S. A MANUAL OF PUBLIC INTERNATIONAL LAW. By Thomas Alfred Walker, M. A., LL. D., Fellow and Lecturer of Peterhouse, Cambridge. New York: Macmillan & Co. 1895. 8vo. pp. xxviii, 244. HANDBOOK OF INTERNATIONAL LAW. By Captain Edwin F. Glenn, Acting Judge Advocate U. S. A. St. Paul: West Publishing Co. 1895 [Hornbook Series]. 8vo. pp. xix, 478.
International Law is a branch of science ill fitted for manual instruction; one easily sees that, so entirely has it been developed by reasoning and discussion, its study requires headwork and headbooks rather than handbooks. And indeed it has until lately been blessed by an absence of the latter class of literature, a boon that was not sufficiently realized. But blessings brighten as they take their flight.
Of what use these books (both said to be designed for the use of students) can be to persons who really desire to learn is not quite clear. Dr. Walker intends his book to "serve as a fairly comprehensive general introduction to detailed study of the subject. Captain Glenn suggests that be wishes "to prepare the student's mind for the more ready and complete comprehension "of the exhaustive treatises on the subject. A man who understands the English language, has some knowledge of history, and is sufficiently mature to comprehend the nature of the considerations involved in an international question, is quite qualified to use Wheaton, Calvo, or Hall; one who has not these qualifications could get no help from Dr. Walker or Captain Glenn. As such books must, these handbooks save the readers the burden of struggling with difficulties by the device of stating, as a rule, only what is plain and undisputed. To quote Captain Glenn again, "it is not intended to follow and discuss these principles in their many ramifications of actual practice.
But judging, as we ought, with relation to other books of the same class, one must say that Dr. Walker's book is well done. Originality is of course not to be looked for (as Captain Glenn naively remarks in his Preface), and one should therefore not quarrel with Dr. Walker, as some have done, for following too blindly his English predecessors; though the effect of this course is sometimes a little surprising, when a peculiarly English idea, reduced to lowest terms, is confronted with the real facts.
Thus the English notion of International Law - that it is a mere précis of the actual present practice of nations as seen through the spectacles of the British Foreign Office- leads Dr. Walker into the delicious absurdity of the following statements, à propos of the partition of Poland: "International Law, it is true, rests upon practice, and accordingly whatever rules do secure the general adhesion of civilized states must by the lawyer be classed as law. But moral injustice cannot secure such general adhesion. And accordingly, although interventions under sanction of the European Concert have been fairly frequent, they have been
hitherto based, and must, it would seem, of necessity be based, on the common interest of civilized Powers, and particularly of the Powers of the Concert. Interventions of this order are indeed but measures of high international police"! An equally obscure passage is that upon Naturalization, on page 44.
It is reassuring to find that Dr. Walker does not follow Mr. T. J. Lawrence in the whimsical notion of an aristocracy of great powers in the Old World, and an international monarchy in the New. England, it appears, is not yet prepared to discard the doctrine upon which all international intercourse is built, that of the equality of independent states. One is also glad to see the free quotation of decided cases, both English and American, in all parts of the subject.
Captain Glenn's book cannot be so highly commended. After disclaiming originality in statement of principles, he tells us that these "have been freely copied from authorities of recognized standing; " and as a mere work of selection and abridgment, chiefly from Hall's treatise, it has been pretty well done. The general arrangement of the subject, also, is good; this is because "the analysis of this subject and selection of cases by Mr. Snow, both of which are excellent, have been freely used." Captain Glenn's Table of Contents is in fact an almost exact copy of Dr. Snow's "Syllabus." Having taken his arrangement and statement of principles from works already published, Captain Glenn has added certain comments and explanations in his own language. These, though sometimes clear and pertinent, can never be said to rise above mediocrity.
This method of book-making is now common, and in this case, being so frankly acknowledged, cannot be called dishonest; but it is none the less an unlicensed use of the labor and the ideas of other men. It is not necessary further to comment on the matter. Captain Glenn's book is hardly calculated to supersede Hall and Snow.
J. H. B.
An essay By Robert
HISTORY OF THE LAW OF REAL PROPERTY IN NEW YORK. introductory to the study of the Revised Statutes. Ludlow Fowler. New York: Baker, Voorhis & Co. 1895. 8vo. pp. xxxvi, 229.
This book will be welcomed with especial interest by New York law students, for it makes a very readable as well as instructive introduction to the study of the Revised Statutes. Mr. Fowler is not, in the main, a profound writer, but he is always clear, and, at times, entertaining. The reader follows the narrative with ease, whether the subject in hand be the points of difference between the English and the more lenient Dutch law of feudal tenure, the effect upon the feudal system of the Statute 12 Car. II., or the effect upon uses and trusts of the Revised Statutes of New York. Here and there the way is enlivened with a glimpse of political history; but it is only a glimpse, for the author never allows himself to be beguiled more than momentarily from the dusty road of the legal historian. There is a good deal of recondite learning on the nature of a fee-farm in the seventeenth century, a difficult subject, which Mr. Fowler has examined at some length, and on which he dissents with becoming modesty from the decision of the Court of Appeals in De Lancey v. Piepgras (138 N. Y. 26).
The book is, however, for the most part an historical, and not a crit
ical, essay. Thus the famous Revised Statutes of 1829 are well sketched in outline, but there is no comment upon them, except, indeed, in the preface, which has what some readers will think a much too enthusiastic word in their praise.
A. K. G.
THE LAW APPLICABLE TO STRIKES. By Jacob M. Moses, of the Baltimore Bar. Baltimore: King Brothers. 1895. 8vo. pp. 62. This little work of sixty pages embodies a well-written essay, which the authorities of the University of Maryland deemed worthy of ranking as one of their prize theses. The author, of course, does not pretend to speak the final word on a subject which is still in an embryonic state. He is content with collecting and discussing the many cases that have been decided on the question in recent years, and deducing from them what leading principles he can. The main part of the work falls under the heads of Conspiracy and the Injunction as a Remedy. Speaking of the latter, the author remarks that, as the effect of the recent great strikes, no other subject has been so much discussed in legal circles during the past year, or has called forth so many divergent views. After a considerable discussion, he concludes that, in applying this remedy, our courts have thus far kept well within their proper sphere of jurisdiction.
Perhaps the most interesting portions of the monograph are those which treat of the use of the mandamus in the recent Brooklyn strike, and the action of the Federal Court in the far-famed case of United States v. Debs. Mr. Moses has done his work well, and has produced a really valuable summary of a very live topic of the law.
HANDBOOK OF THE LAW OF SALES.
R. G. D.
By Francis B. Tiffany. St. Paul: West Publishing Co. 1895. 8vo. pp. viii, 347.
The purpose of the book, to quote the Preface, "is to present concisely the general principles of the law of the sale of personal property." In this the author has succeeded, and his book may be classed among the best of the Hornbook series. His style is well condensed, clear, and readable; his statements, with few noted exceptions, accurate; and a sense of nice discrimination, commendable in a work of so small a compass, pervades the book. An excellent example of this last quality is his treatment of acceptance and receipt under the Statute of Frauds.
The author keeps to the spirit of the Hornbook series, and is content with an intelligent classification of authorities, making little attempt to discuss principles. It is for this reason probably that he lays down without comment the generally accepted rule that no memorandum of a contract exists in the absence of a broker's entry, if the bought and sold notes do not agree. The same reason, it is likely, has led him to the hard and fast rule that the retention of a jus disponendi by a shipper who loads goods in pursuance of a contract calling for unspecified goods, prevents title passing to buyer at shipment. The material point in most of the cases cited to support this statement concerns the passing, not of property, but of the right of possession: so that the rule laid down is based mainly on dicta. There is no reason in principle, if the indorsee of the bill of lading be protected by the shipper's retention of a vendor's lien, that title should not pass at shipment if such be the intention of the parties. Mr. Tiffany's rule seems to go farther, therefore, than principle or the cases demand. The absence of reference to the case of Moors v. Wyman, 146 Mass. 60, is noticeable in this connection.
E. R. C.
THE ROAD RIGHTS AND LIABILITIES OF WHEELMEN.
By George B. Clementson. Chicago: Callaghan & Co. 1895. 8vo. pp. xxvi, 208.
The primary object of this book is to put the present bicycle law in a shape that will attract the lay reader. The author also hopes that it may be helpful to lawyers in the preparation of their briefs. The very features, however, that recommend it to the general reader - a departure from a condensed legal style and the introduction of matter extraneous to a discussion of questions of law I will somewhat lessen its value for the lawyer who seeks the most concise statement of mooted points. In its primary object, despite a tendency towards repetition, and a noticeable looseness of expression in places, the book should be successful. Its handiness-it is published in convenient pocket size is greatly in its favor. The existing cases on bicycle law appear to have been well utilized; and little exception can be taken to the writer's correctness of statement. The bicycle, it seems, has come pretty clearly to be regarded, in the eye of the law, as a carriage or other vehicle; but it is to be noted that the standard of care required of a city in the repair of roads is not measured by the bicyclist's needs, so that accidents due to small stones or slight unevennesses are not causes of action. The city is not liable unless the defects threaten the safety of "carriages" in the ordinary sense of that word. To know his duties in detail, a bicyclist should take Mr. Clementson's advice to acquaint himself with the ordinances of the city in which he rides.
E. R. C.
NEW YORK RAILROAD LAWS. By George A. Benham, of the Troy Bar. Albany: W. C. Little & Co. pp. xli, 604.
This volume aims to compile the New York laws up to 1894, bearing on the building, management, and operation of railroads, and to furnish a reference manual for the use of lawyers and business men connected with railroads and other corporations. As such, it includes not only the General Railroad Act, but those sections from the laws on Taxation, Receivers, Penal Code, and Codes of Civil and Criminal Procedure, which apply to railroads and to corporations in general. The best features of the book are its careful arrangement and facilities for reference. While, perhaps, chiefly useful because it puts into handy form all New York statutes bearing on railroads, it is of value also for the citation of cases and occasional notes of decisions on those laws. The scope of the work is not confined to New York law alone, but has elements which may recommend it to the profession at large.
AMERICAN ELECTRICAL CASES, with annotations.
H. C. L.
Edited by William W.
Morrill. Albany: Matthew Bender. 1895. Vol. III. 1889-1892. 8vo. pp. xxi, 893.
The third volume of this series, which
aims to collect the cases on
electricity, brings the work down to 1892. It follows in all respects the plan of the first two volumes noticed in 9 HARVARD LAW Review, 166, and like them is well arranged and carefully prepared. The large num ber of cases - nearly twenty-five per cent of the whole-in which electric railways are concerned, is, as the editor says, worth remarking, when it is remembered how recently such railways had come into general use at the time the cases arose.
A. K. G.