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Index-Digest INDEX-DIGEST Acceptance determining lawfulness of a See Offer and Acceptance trade practice, 220; extent of re- straint, 221, nature of restraint, Ademption 223; methods used, 224; intent, See Wills 225, unique facts, 226 Administrative Law Sherman Act, enforcement of 227, Federal Bridge legislation and the 230 Constitution, see Constitutional Appeal and Error Law Admissions of evidence on appeal, Governmental resposibility in tort, 570; procedural reform in, 570; see Torts practical advantages, 570 Immunity of Commercial Vessel be- Grounds for on disobedience by jury longing to foreign government, of erroneous instruction 570 145 No separate appeal from dismissal Amiralty of equitable defense 278 Admiralty jurisdiction over suit for State appeals in Criminal Cases, 486- injury to power cable 1015 512: divergence of views on, 486; Arbitration Act, effects on, see Ar- rule on, 487; Laws governing bitration and Award time, 489; common law condition, Correction of innocent mistake in 491; reasoning against, for, 491 ; contract of 414 illogical, 493; double jeopardy Federal Bridge Legislation and the not applicable to, 496; jury of Constitution, see Constitutional peers similarly, 497; number of Law. appeals similarly, 499; hardship Limitation of Liability, retaining suit for defendent similarly, 500; after deciding on 1176 over balancing arguments for, Maritime Liens in Territorial Wat- 503; miscarriage of justice, 508; ers 1178 procedurally wise for, 507; moral Stevedore are "Seamen" within the effect of, 508; supervision of Jones Act, 414 counsel for defense by, 510; un- Wharfboat not a "vessel," within lim- prejudiced bench by, 511 ited liability statute, 415 Appointment Admissions See Powers Silence after arrest as, see Evidence. Arbitration Adultery "Controversy" under N. Y. Statute, See Marriage and divorce 137 Divorce, as grounds for 1186 Deposition and Discovery before sub- mission of issues 137 Advertising Enforceability in Federal Court of See Torts agreement. to 571 Affidavits Federal Act, arbitration abroad tn- Rules of Evidence in preliminary der 1016 controversies as to admissibility Federal Act, 667-678: defect of 1101 non-enforceability, 667; unfortu- Agency nate admiralty clause, 668; expe- Adoption by principal of contract rience with New York act, 670; under seal 1176 English treatment of, 671; con- Agent of corporation, wilful wrong flict of state and federal statutes, of 6 672; limitations of grounds, 674; Power of cashier to bind bank on few advantages, 677 representation, 884 Fraudulent inducement as a defense Responsibility of principal for acts to enforcement of contracts of, of agent in Roman La-v 4 866-874: Ne% York law, 867; Alienation of Affections opinion allows fraud to be raised Judgment for cannot be levied upon generally, 868; fact of making in by wife to satisfy judgment for issue, 870; not logical reasoning, breach of separation agreement 871; contracts as remedies, 872; 277 what is "the contract," 872; con- Analysis struction, 873 See Legal Analysis and Terminology Rules of the French Conflict, of Laws, see Comparative Law Answer Arrest See Limitation of Actions Searches incidental to, see Evidence Anti Trust Laws Assault and Battery Sherman law, provisions of, 219; Forcible recaption of chattel 1188 effect on trade as an element in Joining with slander in pleading 148 INDEX-DIGEST Assignment Banks and Banking Beneficiary of life insurance, see In- Indorsement of tictitious payee as sufrance forgery, see Bills and Notes Gratuitous partial assignment of leg- Items forwarded for collection and acy irrevocable 272 remittance, t0 2-692: collection Heir's expectancy, interest of trustee and clearance of checks, &Y3; in bankruptcy in 272 protecting depositor, U3; credi- Of partnership profits to wife, see tor or trust relation in, (,?A; busi- Income Taxation actions,ness customs, L34; credit trans- Power of rule in pledgee not trans- 0,?6; augmenntatio. 0,7 Vendee'sferred by, see Pledges presumption of intent, 0\S; in- lien granted to assignee of sufficiency alone, 6A9; necessity subvendee, see Vendor and Pur- of a "res' 691; insufficency of chaser protection, 692 Joint deposits, right of surtivor in, Attorney and Client 133 Interest allowed in suit for services License for, not property in bank- 1182 ruptcy, see Banrtsptcy Attorneys Notice of adverse claims to depasit Disbarment for non-professional mis- ,S75 conduct 875 Power of cashier to Lind Uank, s~e Recovery of fees in suit brought in Agrency violation of injunction 144 Power of sale in securities pled1ed, Services not property in bankrupty, see Pledges see Bankruptcy Power of state to regulate national 8 7 Automobiles banks 0 Motor carrier regulation by certifi- Bigamy cates of public necessity and con- Validity of infant marriage nwt an- venience 163 nulled, see Marriage and Diz orce Registration in maiden name as a nuisance 149 Bills and Notes Violation of sales statute bars re- Agreement to pay taxes, effect of 297 covery of insurance 276 Alteration of instrument, cancella- tion of notation on back of n.,te Award as 140 See Arbitration and Award Antecedent debts as consideration for, see Mortgaqes Bailments Drafts deposited for collection and Non-negligent loss excuses bailee remittance, see Ban:!s and Banh- 1177 tug Baldwin, Simeon E. Indorsement of fictiti.us payce as decease of 6S0 forgery 7035 Bankruptcy Inheritance of and subjection to tax- Discharge in not refused for obtain- ation, see Taxation ing surety bond by false state- Letters of credit as neg. inst. 245 ment, 416; surety bond not prop- "On arrival" draft, time for prcsent- erty in, 416; nor services of at- ment of 139 torney, 416; nor license for pri- Payees as holders in due c .ure. ( 53- vate banking, 416. 631: state of law lrikr to Bill of Forwarding bank, bankruptcy of, see Exchange Act, 69; payee virtu- Banks and Bankbkg " ally fully pre-tected if banm file Mortgage trustee files claim for 610; Bills of Exchange Act, 613; bondholders in, see Practice misconception of holdingi under, Priority of liens over taxes 133 616; Early American cases. 619; Proceeds from property fradulently payee generally gi en all d#e- conveyed as to existing creditors fenses, (2; nature of r. hti n, only distributed to all creditors 621; analoy to purcha erq, 622; 417 effect of the N. I. L., 623; rean- Provable; claim, contingent contract ing of terms, 024; judicial inter- right as 1016 pretation, 6 26; auth,,ritv, 623; a Provable claims, not. breach of un- questirn of the cituai,,n pre- expired lease 418 sented, 631 Rights of trustee in bankruptcy un- Payee as holders in due course, der assignment of heir's expect- 1f(05-1014: suggested change in ancy 272 N. I. L. tn remedy prcc-nt un- Rights of trustee to Insurance in, see certainty. 1005; as between mak- ;Isvrance maker and payee, 103; payee Withdrawal of funds by trustee in waginst accomodation inlorser, bankruptcy for drawer of a 107; one co-malwr deliver- con- check 273 trary to instruction, I1); suit YALE LAW JOURNAL against acceptor; policy involved Clearing House in these cases, 1010; advantages See Banks and Banking of allowing payee to be holder Codes in due course, 1012; amendment Effect of rules on pleading, see of N. I. L., 1014 Pleading Withdrawal of funds, drawer's res- Collections ponsibility for 273 See Banks and Banking Bills of Lading Commerce Attached to "on arrival" draft 139 Export Trade Acts, see Monopolies, Bonds Interstate Commerce Convertible bonds and stock pur- Comparative Law chase warrants, 649-666: defini- Civil Law Substitutes for Trusts 1126 tion of term, 649; of the nature Conflict of laws of Soviet Russia, of convertible obligation and 699-704: identity of private law, stock purchase warrants, 650; of 699; territorial basis, 700; for- holders of, 653; privileges de- eign corporation in, 700; monop- pending on type of new issue, oly of commerce, 701; locus regit 655; surplus for, 656; position of actun, 701; situs, 701; marriage, stockholder where privilege of 702; parent and child, 703; suc- conversion created, 658; position cession, 704 of the corporation, 661; reorgan- French rules of the conflct of laws, ization, 663; surplus, 664; evolu- 731-756: domicil, 731; renvoi, tion of equitable remedies, 666 735; policy, 737; jurisdiction, Mortgage trustee files claims for 738; affected by character, 742; bondholders as real party in in- foreign corporation and partner- terest, see Practice ships, 746; service of process, Taxation of transfer of, see Taxa- 747; procedure, 7418; foreign tion judgments and arbitral awards, Bridges 750-756; requirements, 752; Power to permit building of across awards, 755 street by muicipal corporation 147 Complaint Burglary See Pleading Fourth offense, life imprisonment for Condition precedent 1019 Notification to insurer of total dis- Business Competition ability as 1024 See Monopolies Conditional Sales Cancellation and Reformation of In- See Chattel Mortgages, Sales struments Condition subsequent Mistake in reducing amount of con- Notification to insurer of total dis- tract to writing 1183 ability as 1024 Carriers Confessions See Joint Wrongdoers, Negligence Silence after arrest as, see Evidence Certiorari Conditions Statutory limitations on 1017' What are, in delivery of contracts, Charitable Trusts and Corporations see Contracts Power of equity to permit mortgag- Conflict of Laws ing of trust property 582 See Domnicil and Residence Chattel Mortgages Domicil of Choice, fixed rules there- Conditional vendor's lien on realty, of, see Domicil and Residence see Sales French
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