SETTLEMENT.-A fund settled by will on a person for life, with remainder to others in fee, was invested by the trustees on mortgage with a covenant that it should remain on the security for ten years. Afterwards an agreement was made under which it was repaid with interest in about eighteen months of the date of the agreement, with an additional sum representing in amount interest for further year at the old rate. Held, that the additional sum was capital, not income, and belonged wholly to those entitled in remainder to the fund. (Chan. Div., Re Searancke (deceased); Simonds v. Huntington, 74 L. T. Rep. 339.) TRADE NAME.— A manufacturer has no right to pass off goods made by him as those of a rival manufacturer; and, therefore, where a particular name has become known to the trade as designating the goods made by a particular maker, no one else has a right to use such name, though it may be a true and correct description of the goods made by him. Rule laid down in Leather Cloth Company v. American cloth Company (12 L. T. Rep. 742; 11 H. L. C. 523) approved and applied. Burgess v. Burgess (3 De G. M. & G. 896) explained and distinguished. Semble, per Lord Herschell, that it is not accurate to speak of there being "property " in a trade mark at common law, though some of the rights incident to property may attach to it. (H. of L.; Reddeway & Co. v. Banham & Co., 74 L. T. Rep. 289.) VARIATION OF SETTLEMENTS.— Upon a petition to vary two post-nuptial settlements after decree absolute for divorce, it appeared that the whole property was in land, and that if the respondent's interests were extinguished, the petitioner would, by virtue of a clause in one of the settlements, have power to call upon the trustees to raise forthwith a sum, which, at the present time, would exceed the sale value of the whole of the settled property, and which would, therefore, if exercised by the petitioner, absolutely blot out all interests of the infant child of the parties under the settlement. registrar, notwithstanding this, recommended that the respondent's interests should be extinguished, as if he were dead. The Held, That inasmuch as the child's interest was accelerated by the extinguishment of the respon VENDOR AND PURCHASER.- Under a contract of sale a vendor agreed to sell two messuages described as held by an indenture of lease dated the 1st of August, 1872, for the unexpired residue of the term of eighty years, computed from the 15th March, 1866. The title was to commence with the lease, and the purchaser was to be deemed to buy with full notice thereof. The lease contained covenants referring to the lessor and his superior landlord. The lease was, in fact, an underlease. Held, that as the purchaser could not be considered to have had notice that the property that she was intending to purchase was in fact held by an underlease, the representation that it was held by a lease was a fatal misdescription, and that a good title had not, therefore, been shown. (Chan. Div. ; Broom v. Phillips, 74 L. T. Rep. 459.) New Books and New Editions. The AMERICAN PROBATE REPORTS. Vol. VIII. By A. A. Greenholt, of the New York Bar. The value of this series of reports has been too well known for years to need any introductory remarks by us. Some of the subjects covered by the cases in this volume include some of the most important on the subject of probate and administra tion of estates which have recently been determined by the appellate courts of the various States. monographic notes deal with some of the most important subjects which now engage the attention of lawyers, and are too many to enumerate in a short review of the work. A full index digest from volume I, to and including the present volume, gives great satisfaction to those who use this series of reports, as it greatly simplifies the labor of research. Published by Baker, Voorhis & Co., 66 Nassau street, New York city. AMERICAN STATE REPORTS. Volume XLVIII. The scope of this work is: Alabama Rep. 102; California Rep. 107; Connecticut Rep. 65; Florida Rep. 35; Illinois Rep. 157; Iowa Rep. 89, 90; Maryland Rep. 81; Mississippi Rep. 72; Missouri Rep. 127; Montana Rep. 15; Nebraska Rep. 44; New York Rep. 146; Vermont Rep, 167; Washington Rep. 11; Wisconsin Rep. 90. Published by Bancroft-Whitney Company, San Francisco, Cal. A SHORT HISTORY OF SOLICITORS. By Edward B. V. Christian, LL.D. It was our pleasure to receive this work, and we have been very much pleased to peruse its pages. The work commences with the Origin and History of Attorneys, and continues on the subject of attorneys during the reigns of Elizabeth and James I, the Origin of Solicitors, Attorneys and Solicitors until the act of 1729; the Eighteenth Century; Regulation and Taxation, Conveyancing and Criticism, The Nineteenth Century, Education and Remuneration, and the Present Position of Solicitors; following which comes a chronological index. The latter is a full, historical compilation, beginning with the year 1190, down to the present time. The work is bound in cloth. Published by Reeves & Turner, 100 Chancery Lane and Carey street, London, England. property, as that law is applied to vendor and purchaser, The author states, most appropriately, in the preface, that the material which composes this work has been drawn principally from cases that have arisen between buyer and seller of lands, and not from decisions in ejectment or other possessory actions, although these latter cases have been availed of whenever they supplied principles which affect the rights of the vendor or the purchaser, with respect to the title that is conveyed. The work is divided into two books; the first book is on Remedies in Affirmance of the Contract of Sale, and the second book is on Remedies in Disaffirmance or Rescission of the Contract of Sale. This admirable division enables the author to classify under each head, the most important determina LEADING IN LAW AND CURIOUS IN COURT. By Ben- tions and decisions on the two subjects. The jamin F. Burnham. scheme of the book, with foot-notes which are most copious, permits an easy access, with the assistance of the index, to any subdivision in the book which the reader may wish to secure. The book is comprehensive in its scope, and handsomely bound, useful to lawyers in every State, as well as abroad. Published by Baker, Voorhis & Company, 66 Nassau street, New York city. A TREATISE UPON CONVEYANCES MADE BY DEBTORS We publish in this number section 1450 of the above named book on the subject of state restraint upon foreign insurance companies. The work is one of the most clever and interesting that has been published in a long time and has already met with great popularity among the members of the bar. As the author most appropriately suggests, he commenced the work and completed it with the idea that it should not only be a vade mecum for the professional reader, but also a thesaurus for the diversion and instruction of lay readers. The author has certainly accomplished both the desired results and several others besides, and has given us a delightful compliation which is not only instructive, but most pleasing in its manner and charming in its phraseology. The nature of the subject is one which would greatly disturb less gifted writers than the author; in fact many would have treated the subject either by collating a few incidents from history or experience or else would have attempted to publish a large and more bulky work. Mr. Burnhaming and simplifying the index. The work is divided has succeeded beyond what we thought was possible and has given us a book containing about 1,500 pages which is instructive for all sorts and conditions of men. The scope of the work is so large and is so original that we would not attempt to give it, simply adding that in many parts of the book, at least every one may find what is interesting, original and novel. Published by Banks & Bros., New York and Albany. MARKETABLE TITLE TO REAL ESTATE. A Treatise The work under review has been changed from the former editions by a condensation of the text and an addition to the notes, which have increased the size of the volume about one-third, or to about 700 pages. The author has devoted most of his attention to the editing of the notes, merely rearrang into twenty-five chapters on History of the Law of Fraudulent Conveyances; What Constitutes a Fraudulent Conveyance; Fraudulent Intent; Badges of Fraud; Possession; When Possession is Fraud Per Se; Preferences; Bona Fides of the Transfer; Consideration; What Transfers Are Within the Statute; Voluntary Conveyances; Nuptial Settlements; Subsequent Creditors; Assignments for the Benefit of Creditors; Assignments Exacting Releases; How Far a Fraudulent Transfer is Void; Bona Fides Purchasers from Fraudulent Grantee; Who are Creditors; Lex Loci; Executions, Judgments and Attachments; Executors de son tort; Remedies; Evidence; Extent of Grantee's Liability; Cases and Statutes; Following which comes the Index. on the Rights and Remedies of Vendors and Purchasers of Defective Titles, including the Law of Covenants for Title, the Doctrine of Specific Performance, and other kindred subjects. By Chapman W. Maupin, of the Washington, D. C., bar. Published by W. H. Lowdermilk & Co., Wash. This work is a treatise on the law of title to real ington, D. C. LAWS OF COLLATERAL AND DIRECT INHERITANCE, legacy and inheritance, legacy and succession taxes. LAW OF FIRE INSURANCE - some peculiarities of LAW AND LAWYERS; Dr. Johnson on. LEGATEES RESIDENT ABROAD LIABILITY FOR LOST TRUST FUNDSsolicitors as officers of the court... LIABILITY OF ONE PERSON UPON HIS PROMISE TO ANSWER FOR THE TORT OF ANOTHER LINSON, HON. JOHN J. 1 some needed improvements in our statutes and in statute making 214 96 153 203 135 286 261 205 167 LIQUOR TAX ACT 74 201, 295, 313 decision of Court of Appeals 345 LITERATURE AND LAW 376 205 74 153 MATHER, ROBERT commerce clause of the Constitution 359 198 STATUTES-improvement in and making of-Hon. John Linson revision of-report of committee on. STATUTE OF LIMITATIONS--interpretation of section 401 of the Code of Civil Procedure, Hart v. Kip STOREY, HON. MOORFIELD-address before New York Bar Association... 59 117 memorial presented to the President of the United States on" International Arbitration.". paper read by Henry Wynans Jessup. report of Committee on Law Reform 261 TORT-liability of one person to answer for that of another upon promise. 167 86 .... .. TRUST FUNDS-liability for loss of... 205 135 PALMER, CLARENCE S.-"Municipal Home Rule. PATRIOTISM AND JINGOISM-The Lawyer's Duty- Chauncey M. Depew's address before the New York State Bar Association WEBSTER, SIR RICHARD E.-address of... 373 WILL-curious 30 |