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INDEX- 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 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 ; 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 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 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 of, of agent in Roman La-v 4 866-874: Ne% York law, 867; Alienation of Affections opinion allows 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 , 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- 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 , 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 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 rules of, see Comparative Prior assent of mortgagee is not ac- Law ceptance 572 Limitation on the power to tax in- tangibles, see Taxation Chattels Maritime Liens in territorial waters Forcible recaption of 1188 1178 Checks Powers of foreign corporations un- See Banks and Banking, Bills and der the Comity rule, see Corpor- Notes rations Child Labor Laws Problem of miscegenation statutes Infant illegally employed, Work- and domicil, see Marriage and men's Compensation for 151 Divorce Reciprocity and recognition of for- Citizens eign judgments, see Judgnents See Jurisdiction Renvoi: theory of rejected, 114; City "vested rights" theory criticized, See Municipal Corporations 114; Civil Law renvoi in foreign law, 115; English See Comparative Law cases on, 116; when acceptable, INDEX-DIGEST

117; basis for applying renvoi, of, 391; implied Congressional 119 power reqmrng consent fur 391; Russian rules on, see Comparatrle restrictions only in appointments, Law 392; political expediency in de- Conformity Act termining the issue, 393; adtisa- See Executions bility of not having pover alkne in President, 393. Congress Price-fiing, colonial 46 See Legislatures Prohibition enforcement, federal Consideration rules of e~idence in 9- -97 Antecedents debts as for mortgages, Rate regulation, maling up less from see Mortgages other rates 64 Conspiracy Searches and seizures, see E; iden'ce See Trade Unions Segregation ordinance, interet of Constitutional Law landlord insufficient to contest, Baumes law, constitutionality of 1019 275 Cruel punishment, Baumes laws as Segregation ordinance upheld 274 1020 State statutes, operation of when c.vn- Declaratory action as an alternative stitutional bar remoued l01.2 remedy, 403, 403: mistake to con- Stay of action on cfntracts 142 fuse purpose of as solely where Taxation of ore frum Indian lands no other form of action possible, ly state 142 404; English rule clear, 405; nar- Twelve mile limit, seizure lieynl row New York rule, precedents, 4,73 406; act virtually nullified by, Uniformity of Federal twx alloving 406; need of discretion, 407; pol- credit for like tax paid to any icy involved, 408 state, see Inheritance Taxatmn Declaratory action as "Cases" or Zoning ordinances, see Mui:ita "Controversies" see Judgnments Corporations Delegation of legislative power 573 Due process of law and ticket scalp- Constructive Trusts ing 985-95S Promissory undertaldng to hAd in Eminent Domain by chautauqua cor- trust, see Trusts poration 1110 Federal bridge legislation and the Cotenancy Constitution, 808-26: stability of Holding subject to inheritance ta:%, old act, 808; state as normal see lieritanceTaxation source of power to build bridges, Contracts 803; subject to paramount fed- See Negligence, NsretsLz+ip au:l eral rights, 811; Congressional Guaranty policy prior to 1906, 812; scope of act of 1906, 814; suppression taxable as iic-,me when of state legislation by federal act made, see Incomwe Taxatio;: 818; residue of unexecuted Con- Anticipatory breach of leae 1,y gressional power, 821; no power bankruptcy, see RankLruplcy to aid. 826 Anticipatory lbreach of unilateral 2-.3 Federal rule on illegal searches and Anticipatory breach opportunity for seizures, see Evidence declaratory acti,,n, see Constite- Fee compensation for courts, consti- tliual La;w1 tutionality of 1171 Change with Life Insurance Co. rs- Foreign commerce, state licenses as pecting settlement, see I.stran:C burdens on 706 Conditional Delivery of, 443-4c3: Government responsibility in tort, see what constitutes delivery sf 444; Torts legal operatin of, 443; what Insurance, Chrysler plan of 419 constitutes "condititn" in, 447; Intangible property, limitation on what is an escrow,. 44; year power to tax, see Taxation look vievs on, 450; operaie on Miscegenation statutes, constitution- first delihery, 452; extrnsic c3n- ality of, see Marriage and Di- dition and parol etiddenc rule, Vorce 455; breaches in it, 4fts; misap- Monopoly, early regulation against plied. 459; compared v: ith cnli- 55 tional oblig-atikon, 49; true mean- National banks, power of a state to ing, 4b1 regulate, see Banks and Bankinq Contingent contract claim, iro at il- Pardoning power 573 ity of in 1iahruptcy 1016 Partial invalidity of Kansas Indus- Enforceability of, see Jr~tration trial court act, see Iudustrial and JzAard Courts and Legislation Exchange -alue in rate contracts 1627 President's power of removal, 390- Fraudulent inducement in ar;,itra- 393: implied statutory restriction tion, see Arbitration and Aaz.rd YALE LAW JOURNAL

Impossibility of performance as ex- Foreign Corporations, powers under cuse for failure to notify insurer comity rule, 692-694: express and 1024 implied limitations, 692; policy, Inducing breach of by peaceful pick- 693; discretion, 694 eting, see Trade Unions History of responsibility of, in tort, Injunction as excuse for non-per- 3-17: , 3-8; Middle formance 1179 Ages, 8-13; common law, 13-17; Mistake corrected, see Admiralty ultra vires action, 15 Option to buy, effect on terms of Intercorporate stockholding, see contract, see Specific Perform- Monopolies ance Interlocking directorates, see Mot- Specific Performance denied of pro- opolies moters contracts, see Corpora- Pre-emption in treasury shares, 1181 tions Reorganization Proceedings, minor- Third party beneficiary, promisee of ity interest in, 997-1005; defects as competent witness in specific in present practice 999; minority performance 1185 powers in railway reorganization Third party beneficiary, quality of 1001 ; power of federal courts of "right" of 708 equity, 1001 Waiver of tort under statute author- Reorganization, duress in 280 izing jurisdiction over non-resi- Responsibility of parent for tort of dent joint debtor 1179 subsidiary, see Torts Wills, contract not to contest 1029 Specific performance denied of pro- Conversion moters' contracts, 709 See Trover and Conversion Taxation of transfer of shares of, see Copyright Ta.ration International Copyright Union, 68- Trustee of bankrupt corporation en- 111: treaty, provisions of pro- titled to cash, see Insurance posed copyright of 1878, 68; con- Ultra vires, business proposal for gressional bill of 1872, 69; dis- codification and restatement of, cussion of the bill in public press, 297-335: American law, 300-335; 71-80; International copyright tort responsibility for, 301 ; valid- convention, 80; conference of ity of title to property then held, 1884 at Berne, 82-85; Berlin con- 304; executed contracts of, 305; vention of 1908, 85-88; attitude wholly executory contracts, of, of U. S. government toward in- 306; injunction against by non- ternational copyright conven- assenting shareholder, 307; for- tion, 88-97; Second Berlin con- feiture of charter for, quo war- vention, 97; present congres- ranto, 307; illegality of, 309; sional bills on international copy- public policy of, 311; protection right, 99-110 of corporate creditors by defense of, 315; corporate capacity to do, Corporations 317; contracting party charged Bureau of Corporations formed 229 with notice of, defense of, 321; Convertible bonds and stock pur- what is notice of, 327; protection chase warrants, see Bonds of shareholders, defense of, 328; Criminal Responsibility of, 827-844: ratification, 331 authorities, 827; relation to stat- utes, 830; reasons for responsi- Corroboration bility of, 832; preventive pur- See Witnesses pose, 833; why civil distinction, Cotenancy 835; the innocent stockholder, Joint depositors, right of survivor- 836; need of ratification of, 838; of 1024 corporate guilt, 840; vicarious Counterclaim liability of, 841; error of "guilt" See Set-offs and Counterclaims concept; 842; "mens rea," 844 Diversity of citizenship for federal Court of Claims jurisdiction, see Jurisdiction See Courts Entity-Its limitatioins as a useful Courts concept, 254: definition of corp- See Jurisdiction oration and entity, 255; purpose Arbitration agreements in Federal involved is decisive, 256; exam- courts, see Arbitrations and ples of brushing aside "corporate Awards entity" to reach desired result, Concurrent jurisdiction, state and 257; "entity" signifies only the federal 419 result reached, 259 Conformity Act, ineffectiveness of, Forcign Corporations, see Compara- see Execution tive Law Fees as compensation for minor 1171 Foreign corporations, service upon, Interest, of remuneration see Jurisdiction from fine as disqualifying 1171 INDEX-DIGEST

Juvenile Courts, Admissibility of Inconsistency %with rescission, soe evidence in 1185 Election of Rights and Remedies Limited jurisdiction of, see Pleading Interest allowed on implied cintract Reciprocity and recognition of for- 1M-2 eign judgments, see Judgment Loss of oil privileges through wrong- Searches and seizures, federal rules ful disclosure of wvrthlessness in, see Evidence of land 1107 State recognition of Federal author- ity to fix interstate comerce rates see Interstate Commerce See Ez idente Covenants Debt Covenant to insure as covenant to Antecedent debts as consideration pay rent for mortgages, see Mortgages 1187 Life Insurance, applied to deferred Creditors settlements in, see Insrarce See Debtor and Creditor Debtor and Creditor Criminal Law Avoiding fraudulent conveyances, ee See Criminal Procedure Bankruptcy Corporate responsibility in, see Cor- Judgment creditor of disinherited porations heir cannot caveat will I._9 Delinquency in juvenile court 1185 Relation of in deposits for collc- Federal act, probation af- tions, see Banks and Ban:ii:,J ter execution of sentence com- Secured creditor, effect cm, of cn- menced, 420 version of security by 1,anIru,t Former jeopardy, suits by both peo- 275 ple injured by same act 1021 Deceit Indictments, sufficiency of using ex- See Misrepresentation act words of statute 275 Indictment, sufficiency of, see Rape Declarations Judgment See Evidence ,.void," rendered on Sunday42"1 Deeds Larceny, intent to pass title in 1020 Misdescrijption of property in 2 1 Nolo contendere, permissible imposi- tion of prison sentence Defamation after 421 Illness caused by, responsibility f,,r Strikes, see Trade Unions 114'3 Criminal Procedure Delegation of Powers See Criminal Law Double jeopardy, increased punish- See Constitutional Law ments for habitual offenders as Delivery 1019 See Contracts Double jeopardy, suits by both per- Demurrer sons injured by one act as 1021 See Limitations of Actions Psychiatric examination of persons accused of crime, 632-648: re- Deposits lation of mental soundness to See Ban!.s and Banking criminal responsibility, 632; Mas- Nature of fund held by Life Insur- sachusetts law in books, 633; ance Cu., see Insurance procedure, 634; objection to oth- Devises er plans, 635; present efficiency See W!ills of, 635; effects, 636; 'Massachus- etts law in action, 637; analysis Disability of cases, 637; crimes, 639; dis- See InnranJe position, 641; criticism of the Disbarment law, 645; scientific basis, 647. See Alttoriys "Right" of accused to counsel 574 State appeals in Criminal Cases, see Divorce Appeal and Error See Marriage and Dworce Waiver of jury trial in larceny and Cross petition in suit for 11F conspiracy cases 710 Known incontinence I efore marri- age, effect of cn suit for l1P) Cruel and Unusual Punishments See ConstitutionalLaw Domicil and Residence Customs Duties Domicil of chliice, Fined Rules, 4f! : Delegation of power over, see Con- variance in, 49; applicatin, to residence of, 469; explanatifin stitutional Law for, 411; concepts of residence Cy Pres for, 411; modern c.,nditin,,s af- See Charitable Trusts and Corpora- fecting. 412; liberal %ievws of, tions 412; adtantages of, 413; artifi- Damages ciality of vhAle ctnception of, Attorney fees expended in suit 413. brought in violation of injunc- French rule, of Conflict of Lav;. tion 144 see Conitarati.,eLaze YALE LAW IOURNAL

Inheritance taxation in, see Taxation Estoppel Miscegenation statutes in, see Marri- Breach of warranty in insurance pol- age and Divorce icy as 1022 Some considerations in the law of Voluntary "waiver" of rights to ob- domicil, 949-965: difference be- ject to illegal searches and seiz- tween residence and domicil, 951; ures, see Evidence renvoi in domicil, 951; the New Evidence York cases discussed, 952; con- Admissibility of judgment, see Judg- cept of domicil, 954; illustrations vnenlts from New York cases, 954; criti- Admissibility of Book Entries 1184 cism of Am. Law Inst. defini- Admissibility of tion of domicil, 955; Matter of carried by defendant in negli- Newcomb, 956; importance of gence action 712 intent to retain domicil of origin, Admissibility of similar sexual of- 961; the English cases, 963. fenses to show intent, disposition, Dower or system 879 Fraudulent defeating of by husband Admission of an appeal, see Appeal 149 and Error Due Process Admission by silence after an accu- See Police Power sation 575 Duress Competency of witnesses, abuse of By bondholder in corporate reorgani- discretion 423 zation 280 Cross-examination to impeach, 384; discretion of trial court in, 385; Dying Declarations Massachusetts rule in, 387; limi- See Evidence tation of discretion by prejudice, Ejectment 388; relevant to veracity admis- Equitable relief in 279 sibility of, 389, Misdescription in deed as defense to Custom or habit inadmissible as 281 proof of act 422 Election of Rights and Remedies Depositions and discovery for sub- Party in doubt, inconsistent action mission of issues in arbitration filed simultaneously 711 137 Electricity Disorderly house, general reputation State regulation of interstate trans- of inadmissible 144 mission of, see Interstate Com- Donee-beneficiary contract, promisee of as incompetent witness 1185 merce Dying declarants necessity of reali- Eminent Domain zation of impending death 880 By chautauqua corporation 1180 Hearsay in juvenile court 1185 Equity Hearsay, prior consistent statements See Pleading, Mistake as 1162 Admission of evidence on appeal, see Hearsay rule, admissibility of book Appeal and Error entries as exception to 1184 Affirmative relief for innocent mis- Illegal seizure, see Constitutional take, see Antecedent debts as consideration Illegally obtained, federal rule on, creating prior equities, see Mort- 536-542; imitation on, 538; vaiv- gages er of rights to object to, 539, "Lack of Mutuality" Rule 897 Juvenile courts, admissibility of in Lack of offer to return benefits as 1185 bar to rescission, see Rescission Parol evidence rule in conditional Mistake in amount as ground for re- delivery of contracts, see Con- formation 1183 tracts Option to buy and effect on terms, Penal Interest, Admissibility of state- see Specific Performance ments against 119 Power to permit mortgage on trust Criticism of arbitrary limitation of property, see Charitable Trusts exceptions to hearsay rule, 119; and Corporations recent cases involving, 120, 121; Quality of right of third party bene- reasons for extending the rule ficiary, see Contracts in favor of declarations against Specific performance denied against penal interest, 123. promoters on contract, see Cor- Prior consistent statements, value porations of 1162 Equitable Conversion Proof of waiver of condition on al- Succession tax on equitable converted legations of performance, see land 283 Practice Error Rules of, in preliminary controver- See Appeal and Error sies as to admissibility, 1101- Escrow 1125: early English decisions, See Delivery, Contracts 1103; admission of depositions INDEX-DIGEST

in chancery, 1105; death or ab- Distributitn of proceeds to all crei- sence proved by affidavit, 1103; tors, see Banbruph-y modem English rule, 1111; Am- erican decisions following Eng- Gifts lish rule, 1112; when no jury is In contemplation of death lc2ki involved, 1113; fintality of deci- Government sion of trial judge, 1118; code See Administratho Laze influence, 1119; majority rule Guaranty forbids use of unsworn declara- See Suretyship and Grraranty tions, 1121; when evidence would be admissible on the merits, Hearsay 1122; when burden of going for- See z idence ward is an offeror, 1123; use of Highways exceptions to hearsay rule, 1123. Nuisance on highway, auto res- Voluntary admission as barring de- tered in maiden name 149 fense of Statute of 1183 History of Law Waiver of incompetency under "dead See Legal History man" statute 576 Husband and Wife Ex post facto law Definition of terms for future truts, Penalty for repeated offense, as 1020 see Vested, Contingcnt and Fu- Executors and Administrators ture Estates Duty to pay "trust" when benefici- Estate of divorced father not under aries reach majority 284 duty to supp ort dizinhcritl 424 Excise child - See Taxation, Inheritance Taxation Joint bank account, right of sur i'.',r ship in 1,24 Executions Marriage of insane pers_,rs suTje.ct Ineffectiveness of the Conformity to cOllateral attack .77 Act, 853-858; exceptions by judi- Taxation of l'artnerjli ;,rAs zis- cial decision, 854; intent for dis- in, d to wife, see isco"e Tax- cretion, 854; a new cause of ac- tion, 855; liberality of Supreme Wife's judgment for breach of Ecp- Court, 855; effect of amended arativn agreement, satisfacti. n declaration in fact, 856; instances of not allowed from huslAmrl's exceptions, 857; general fail- judgment for alienation ctl at- ure, 858. fcetit'ns 277 False Pretenses Obtaining money under intent to pass Hutchins, Robert M title in 1020 Appointment as acting dean t') Federal Courts Illegal Contracts See Co2!rts Child Labksr Law, %iolation of a- 41c- Federal Trade Commissions fense under W .rlmn's ".,mL.n- Advertising, untrue, as unfair com- sati." 1l petition 1155 Impossibility Fellow Servants See Cozfrats See Master and Servant Income Taxation Fictitious Persons Allowed on c ,ntracts for annuity See Bills and Notes year when contract made 429 Fixtures Partnershipl profits a-signed to vXcif, Effect of on conditional sales, see taxable to husLand1 Sales Incompetent Persons Foreclosure Collatral attack on marriage Co, Ce See Mortgages Ihstazd and II'if e Psychiatric examination of uris Foreign Corporations accused of crime, see Crimn:.1 See Corporation Procedure Forgery Waixer cof cobjcction to under "dal- Indorsement of fictitious payee as, man's" statute, se E idence see Bills and Notes Indemnity Former Jeopardy Admissibility uf judgments on c_,n- See Criminal Procedure tract of, see Jtdy;,zcts Fraud Indians Advertising, untrue, as 1155 Taxation of ore from Indian lanls Inducements as defense to arbitra- 142 tion contracts, see Arbitration and Award Indictment and Information Sufficiency of setting forth offense Fraudulent Conveyences in words of statute 275 By husband to defeat dower 149 Sufficiency of fo#r rape, see ,fe YALE LAW JOURNAL

Industrial Courts and Legislation Penal sales statute, non-compliance See Arbitration and Award with bars recovery 276 Partial invalidity of Kansas In- Proof ofwaiver of conditions under dustrial Court Act 876 allegations of performance, see Infants Practice Minors illegally employe.d, Work- Stay of action on insurance con- men's Compensation for 151 tracts 142 Trustee of bankrupt beneficiary cor- Validity of marriages of, not an- poration entitled to cash value nulled by court, see Marriage 577 and Divorce Waiver distinguished from estoppel Inheritance Taxation in breach of warranty case, 1022 Gifts in contemplation of death 1028 Waiver of breach on condition 424 Intangible property, limitation on Interest power to tax, see Taxation Quasi-contract, in suit on 1182 Joint tenancy subject to 885 Uniformity of Federal Tax, allow- International Law ing credit for like tax paid to Copyright Union, Int'l 68 any state 706 Immunity of Commercial vessel of foreign government 145 Injunction The Relations of Invaders to Insur- By non-assenting shareholder to ul- gents 966-984 tra-vires business, see Corpora- Was an invader ever sovereign, tions, 966: in Transvaal, 966; in Sax- Contracts, as excuse for non-per- ony, 1756, 966; in Baltic Wars, formance of 1179 967; in Swedish duchies, 968; Interest necessary to sue for 273 Peace of Oliva, 970; in Bavaria, Ground for concurrent state and fed- 1743, 971; in Namur, 1692, 971; eral jurisdiction, see Courts recent apparent revival of the Suit brought in violation of, attor- doctrine, 972; in Cyprus, 973; in ney's fees not recoverable in, 144 Egypt, 973; in Bosnia, 975; in- Use as compared with declaratory vaders and bona fide revolts action, see Judgments 977; revolt entirely in area o? Insanity occupation, 978; when small part see Incompetent Persons in area of occupation, 979; when major part in area of occupation, Insolvency 981; invaders fomenting revolt, Effect on claim of secured creditor 981 of conversion of the security by Trademark situation, int'l 235 insolvent 275 Interstate Commerce Insurance Early growth of in U. S. 212 Admissibility of liability insurance in Federal bridge legislation and the negligence action, see Evidence Constitution, see Constitutional Annuity taxable as income year con- Laze, tract made, see Income Taxation Motor Carrier regulation 179 Breach of warranty in policy as es- State court recognition of federal au- toppel 1022 thority to fix intrastate rates, 714 Chrysler plan of, see Constitutional State licenses as burdens on, see Law Constitutional Law Covenant to insure as covenant to State regulation of transmission and pay rent 1187 sale of electricity 881 Deferred settlement in life insurance, Interstate Commerce Commission 394: meeting of "trusts," "debts," Ratemaking theory of 1151 in, 394; methods of payment, 395; absence of true res in business Intoxicating Liquors custom, 396; peculiarities of con- Enforcing prohibition under the tract, 396; relation of beneficiary, Federal rule on Unreasonable 397; who the trustee is in, 397; Searches, 988-997: Decrease of obligor of oivn indebtedness as cases under the rule, 989; lack of trustee, 399; English rule, 399; statistics, 990; lack of co-ordina- specific and general deposits, na- tion of enforcement agencies, ture of, 400; absence of techni- 990; rule of seizures, relation to calities, 400; profit derived from Volstead Act, 991; time for rais- "trust," 401; policy, 482; expres- ing illegality of search, 992; cir- sion of , 402; spend- cumventions of the federal rule, thrift trusts, 402; need of stat- 994; prosecution of officer mak- utes, 403 ing the search, 995; the rule as Failure to notify insurer of total dis- a safeguard of constitutional ability 1023 "rights," 996 Mistake in application, responsibility Illegal searches and seizures of, fed- for delay caused by 1022 eral rule, see Evidence INDEX-DIGEST

Joinder of Parties Waiver of in criminal suit, see Crim:- Master and servant as defendants inal Procedure in tort 1026 Juvenile Courts Joint Debtors See Courts Statute authorizing jurisdiction over 1171 Labor Joint Tenancy See Trade Unions See Cotenancy Landlord and Tenant Bankruptcy not breach of lcase, see Joint Wrongdoers Bankruptcy Impossibility of ascertaining which caused injury S"6 Effect on option to buy on terms to joint Tort-feasors, agreement to ex- be agreed on, see Specific Pcr- empt one of before cause of formnance action arises 141 Larceny Intent to pass title in 1@21 Judges Larceny by trick, intent See Courts in 1021) Leases Judgments See Landlord and Tenant Admissibility of one recovered against indemnitee in suit Legacies against indemnitor 425 See Ifills Declaration regarding, on pleading Legal Analysis and Terminology grounds, see Pleading Causal relation in klgal liability, see Declaratory action as "cases" on con- Torts troversies, 845-853: as a form of Legal Ethics procedure, 845; Warehouse, Con- see Alttoraeys formitory and Declartory Acts, Legal History 846; drafting of petition, 8Ws; Government rcsp nsibiiity in tort, existence of threat, 849; ignor- see Torts ance of the court, 849; use of injunction beyond original con- Legislatures ception, 850; purpose of use, 851; See Constitutional Laze irrelevancy of authority of the Letters of Credit court, 851 As negotial-le instruments, 245: Con- French Conflict of Laws rules, see tracts involved in crdinay letter Comparative Law of credit, 246; evolution of let- Reciprocity and recognition of for- ters of credit, 24V, 249; similari- eign judgments, 542-549: argn- ties to bill of e::change 2 ), 231; ments for, 547; if unwise uni- limitations on this analo-., 253 versally, 548 Libel and Slander Satisfaction wife's judgment for Joining slander and assault in plead- breach of separation agreement ing 143 out of husband's judgment for Statements ambigutous as refercnees alienation of affections 277 to plaintiff _3 Sunday, "void" see Criminal Law Licenses Jurisdiction See Real Property Admiralty courts 1015 Burdens on foreign commerce, Fea Concurrent state and federal, see Constitutional Law Courts Liens Court of claims 40 Fixtures, of Conditional vendor on, Diversity of citizenship 877 see Sales Effect of pleading on, see Plcading Mechanics liens, priorities J etween Federal equity jurisdiction, refusal mortgages and, 129: typeS of me- to retain when adequate remedy chanics' lien statute,, 129, 130; at law 143 lien of mechanic, time of attach- Foreign corporation, service on, S82 ment for purpioze of priority, Non-resident joint debtors 1179 131; effect on when nwortfrage Reciprocity and recognition of for- intervenes, 132; effect on when eign judgment, see Judgments purchase money murtgarcs is Rules of the French Conflicts of given, 133; failure to rcc.. rd the Laws, see Comparative Law mortgage, effect of, 134. State jurisdiction over residents on Of vendor, granted to assignee of federal reservations 146 subvendee, see Tcndor and Ptur- Where limited as applied to splitting chaser causes, see Pleading Life Insurance Jurisprundence Deferred settlements in, see Insur- Process of formulating a legal rule ance 897-900 Limitations of Actions Jury Pleading the Statute of Limitatitns, See Appeal and Error 914948: burden of proof, 916; YALE LAW JOURNAL

aim of the procedural rule, 917; Ejectment for land not described in raising the question by demurrer, deed 1 281 918; by motion, 929; by answer, In filling out insurance application, 933; under denial, 933; by con- agent's 1022 fession and avoidance, 938; ma- In written contract as ground for teriality of truth in pleading the reformation 1183 date, 943; summary of methods of raising the question, 948. Monopolies Business competition, Historical De- Statute of limitations, effect of ab- velopment of, 42, 207, 351: Mo- sence from state 1025 nopoly of early English trading Statutory stay of action on insurance companies, 42; forestalling in the contracts 142 colonies, 43; merchant adven- Limitation of Liability turers, 44; colonial laws regulat- See Admiralty ing trade and profits, 45; price Statute for vessels not applicable to fixing, 46-48; English mercan- wharfboat, see Admiralty tilist policy, 49; its enforcement Mandamus in colonies, 50-51; monopoly To enforce contract with city 277 during the Revolution, 52-55; Marriage and Divorce wartime trade regulation, 53; Adultery after complaint for divorce constitutional provisions of col- filed 1027 onists against monopoly, 55; Estate of father not responsible for need for centralized trade con- support of disinherited child, trol by colonies, 207, 208; pro- see Husband and Wife visions for it in U. S. Constitu- In Russia, see Comparative Law tion, 209; state opposition to Insane persons, attack on marriage centralized control, 211; growth of, see Husband and Wife of interestate commerce, 212; Intermarriage with negroes, a sur- trade combinations following vey of state statutes, 858-866: Civil War, 213; state court (e- frequency of prohibitory statutes, cisions on trade restraints, 214; 859; constitutionality of, 860; agitation for federal legislation, questionable policy of, 861; do 215; abuses sought to be reme- they cure the evils, 862; result died, 216-217; Sherman anti- of such marriages, 863; confu- trust act, 219; effect of restraint sion of legal results, 864; domicil on trade as an element in deter- application, 865; various rules lawfulness of a trade of, 865 practice, 220; extent of restraint, Jurisdiction of state courts over resi- 221; nature of restraint, 223; dents on federal reservations methods used, 224; intent, 225; 146 unique facts, 226; enforcement Supplemental complaint in divorce of Sherman law, 227; Bureau of action 1027 Corporations formed, 229; late Validity of infant marriage when Supreme Court trade decisions, not annulled by court, bigamy 230, 231; Panama Canal Act, 426 233; Wilson Tariff Act, 233; Master and Servant Clayton Act, 351; price discrimi- Verdict against master only in suit nations, 351; avoidance of price for servants' negligence 1026 control by discounts, 353; inter- corporate stockholding, 356; in- Maritime Liens terlocking directorites, 358; pro- See Admiralty cedural rights, 358; injury to Master and Servant private person aided by, '359; Early commonP law resposibility 13 war legislation, 359; packers and Fellow servant rule not applicable to stockyards act, 362; qualification property 147 of anti-trust policy, Respondeat 363 superior, reasons for, 36 Grain futures Act, 363; Export Mechanics' Liens Trade Act, 364; ,Merchant Ma- See Liens rine Act, 365; Capper-Volstead Mines and Minerals Act, 366; unfair competition, Ore on Indian lands, state taxation 367; laws controlling, 368; trade on 142 marks in, 372; where ineffective, Minors 376; Federal Trade Commission See Infants Act, 378; grouping of unfair competition, 379; Webb Export Misrepresentation act, 380; Revenue Act, 1916, 3K1 ; Advertising, untrue, as grounds for Tariff Act, 1922, 381 deceit action 1155 Combination to control supply of Mistake labor 578 Contract correction for innocent one, Motor Carrier regulation, monopoly see Admiralty in 184 INDEX-DIGEST

Mortgages Nuisance Antecendent debts as consideration Auto registered in maiden name as for, 564-569: "purchase for val- 149 ue," 564; application for record- Indictment, using words of statute ing acts, 565; what is new con- in 273 sideration, 565; what is the Prohibition violation as 2,.o2 mortgage, 567; negotiable instru- Offer and Acceptance ment analogy, 563; exceptions to Prior assent of chattel mortgagee as, rules, 568; where some new con- see Chattel Mortgages sideration, 569 Oil and Gas Contract by mortgage to convey up- Lease, entry and disclosures under on foreclosure 1179 void, as basis for damages, 1167 Mortgage trustee files claim for Market privileges, damages for loss bondholders, see Practice in value of 1107 Priorities between mechanics' lien Rate base, determnati,n of in gas and, 129; intervening mortgage, lands .79 effect on mechanics' liens, 132; Option purchase money mortgage, effect. Effect of option to buy con terms to of, 133; failure to record, effect be agreed on, see Specific Pcr- of, 134; mortgage note with forimanee agreement to pay taxes as de- Parol Evidence stroying negotiability, 267 See Evidence, Contracts Statute of Frauds waived by oral admission Parent and Child in suit to release, 1lS Duty of support, estate of divorced Trust property, mortgaging of, see father for disinherited child, 424 Charitable Trusts and Corpora- In Russia, see Cowparatize Law tions Parties Motions Joining master and servant as de- See Limitation of Actions, Pleading fendants in tort 102 Motor Carriers Partnership See Automobiles, Public Service Law Subject to jurisdicti on under the Municipal Corporations French conflict of law, s rulez, see Mistake in amount in reducing con- Comparative Law tracts of to writing 1183 Taxation of profits assigmed to wife, Police power ordinances 277 see Income Ta rati;i Power to permit private bridge over Transfer of, see Taxatiin street 147 Personal Property Seal required in contracts of 1183 Future trusts, see 1ested, Contingent Zoning ordinance, constitutionality and Futre Intcrests of 427 Held ultra vires, validity of title to, Mutuality see Corporawions See Specific Performance Limitations on pto.wer to tax, see Tax- Navigable Waters ation See Admiralty, graters and lVater- Persons courses Adultery as grounds for diorce l1$5 Negligence Supplemental complaint in divorce Bailee, non-negligent loss as excuse action 1C027 by 1177 Pleading Carrier's negligence in giving wrong Bringing in third parties in 'New information 1028 York 712 Error by agent in filling out insur- Counterclaim in court of limited ance application as 1022 jurisdictikn as splitting causes of In action for admissibility of liabil- action k 3 ity insurance carried by defend- Declaratory actions as "cases" or ant, see Evidence "controversies," see Jvd,imcnts Master responsible alone for serv- Effect of, on jurisdicticin, q49-5! 5: ant's negligence 1026 types of defects in Sll; direct Misstatements, action for 1028 attack, 5.-0; moti ns, 553; waiver Responsibility of contractor to third of iregularities, 555; impropriety person for collapse of building of collateral attac:, 5EF after owner has accepted 278 Equitable defenses, no separate ap- Negotiable Instruments peal from dismissal of 278 See Bills and Notes, Mortgages, Equitable relief in ejectment 279 Banks and Bakizg Inconsistent action filed sumultane- Negroes ously, see Election of Rights and Segregation statute upheld 274 Remedies Segregation statute, interest needed Ineffectiveness of the Conformity to contest 273 Act, see Execution o.°i YALE LAW JOURNAL

Joinder of assault and slander 148 State appeals in criminal cases, see Oral admission as overcoming plea Appeal and Error of Statute of Frauds 1188 Verdicts, inconsistent 1026 Raising fraud generally in arbitra- Preferences tion contracts, see Arbitration See Trusts, Banks and Banking, In- and Award surance Statute of Frauds, oral admission Principal and Agent nullifying plea of 1188 See Agency Statute of Limitations 914-948 Supplemental complaint in divorce Priorities action 1027 See Liens, Mortgages Private International Law Pledges See Conflict of Laws Power of sale in pledgee not. acquired by assignee 427 Procedure See Criminal Procedure, Practice, Police Power Appeal and Error, Comparative Judge, compensation of from fine Law, Executions imposed by him 1171 Process Ordinance involving, applicability to Service at usual place of abode, 1025 a municipal corporation 277 Segregation statute 274 Service on foreign corporation, see Stay of action on contracts 142 Jurisdiction Ticket scalping law held unconstitu- Service under French rules of Con- tional, 985: the Illinois theater flict of Laws, see Comparative ticket law, 987; Tyson v. Banton Law contrasted with Euclid v. Ambler Prohibition Realty Co., 987; principal case See Intoxicating Liquors criticized, 988 Enforcement of 18th Amendment in Powers absence of state legislation 260 Taxation of power of appointment Sources of state and federal power, by donee of a foreign trust 716 260: enforcement of federal law Practice by states, 261; violation of fed- Arbitration under the Federal stat- eral law as a public nuisance ute, see Arbitration and Award punishable by a state, 262; in- Concurrent jurisdiction, state and dictment under Prohibition act federal, see Courts sufficiency of using words oi Contract correction for innocent mis- statute in,275 take, affirmative equity relief, see Promissory Notes Admiralty See Bills and Notes Declaratory actions as an alternative Principal and Surety remedy, see Constitutional Law See Suretyship and Guaranty Declartory action as "cases" or "con- Proximate Cause troversies," see Judgment Relation in legal liability, see Torts Discretion of trial court, see Evi- dence Public Service Law Disobedience by jury to erroneous Depreciation, Problem of in rate instruction, see Appeal and Error making, 123; Two conflicting Effect of pleading on jurisdiction, tests, 124; cost of reproduction see Pleading minus depreciation test, 125; ac- Federal rule of enforceability of ar- tual prudent test, bitration agreements, see Arbi- 125; cost of reproduction as a tration and Award , 126; criticism of applica- Ineffectiveness of the conformity act, tion of cost of reproduction test, see Executions 127 Procedural reform in admission of Federal bridge legislation and the evidence on appeal, see Appeal Constitution, see Constitutional and Error Law Proof of waiver of condition under Joint rates in int'l transportation 1027 allegation of performance in in- Motor Carrier Regulation by certifi- surance 579 cates of necessity and conven- Psychiatric examination of persons ience, 163: Growth of motor bus accused of crimes, see Criminal business, 163; problems of regu- Procedue lation, 164; history of certificates Raising issue of illegal searches and of public necessity and conven- seizures, see Evidence ience, 166; their purpose, 167; Real party in interest where mort- legal relations involved, 168-171; gage trustee files claims for conditions precedent to obtaining bondholders 884 certificate, 171; who must have Reciprocity and recognition of for- certificates, 172-175; regulation . eign judgments, see Judgments of private carriers, 176-178; con- Splitting causes where counterclaim, flict with congressional control see Pleading over inter-state commerce, 179; INDEX-DIGEST

factors involved in granting ap- Successitn tax on 2.13 plication for a certificate, .18; Validity of title to, ultra %ires, see analysis of "public convenience Corporations and necessity," 183; monopoly, Receivers 184; existing service, 185; con- See Corporations flicting applications, 188; revoca- Mortgage trustee files claims ior tion or alteration of certificates, bondholders in, see Practice 189; appeal and review of com- Recording and Registry Acts mission orders, 190; enforce- Antecedent debts as ctusiderati n ment of certificates, 192-194. for purchases, see Mortgages Rate base for gas lands and leases Reformation of Instruments 279 See Cancellation and Refor;mation of Rate Maaking, Non-cost standards Instruments in 56-67; "fair value" test, 56; Release qualifications, 57; rates below relcascd cost, when tolerated 58, 59; rates One joint turt-feasur befvre higher than cost, when allowable, cause of action arises 141 59, 60; over-crowding the serv- Renvoi ice, 61; deviation of rates from See Conflict of Laws, Domicil and cost, 62, 63; making up loss from Residence other rates, constitutionality of, Rescission 64; "recapture" of excess earn- Bar to by omission of offer to return ings, 66; excess profits tax, ap- plicability of concept of to rate Inconsistency with damages, see regulation, 66 Election of Rights and Rcmedies Rate Making, price fluctuations in Residence 1151 Domicil of choice, fixed rules, see Rate regulation of intrastate com- Residence merce by federal authority rec- Respondent Superior ogized by states, see Interstate See Master and Scr-zant Commerce Restatement Public Utilities Restatement of 0t'nflict of Lay- as See Public Service Law to domicil criticized 955 Restraint of Trade Quasi-contracts Combination to cpntrol labor supply, Duress by bondholder in corporate see Monopolies reorganization 280 Interest allowed in suit on 1182 Resulting Trusts Recovery of purchase money paid See Triists after breach of contract for sale Revenue by vendee 580 See Taxation Reversion Quo Warranto See Vested, Contingcnt and Future Forfeiture of charter for ultra vires Interests business, see Corporations Revolution Railroads See Trade Unions Duty to remove when built on land Right of Entry of another 281 See Vested, Contingent and Future Rate making of, property 1151 Interests Rogers, H. IV. 112 Reorganization proceedings 1001 Roman Law Rape Responsibility of corpDration in tort Sufficiency of indictment 575 2-8 Rate Regulation Rule against Perpetuities See Public Service Law Future trust for "husl-and" "wife" State court recognition in intrastate "widow," see Vested, Contingent commerce of federal authority and Future Interests over, see Interstate Commerce Russia Real Property See Conparativ'e Law Covenant to insure construed as co- Sales venant to pay rent 1187 Conditional %endor's lien on realty Dower rights, fraudulently defeating 713 149 Non-compliance vwith penal sales Equitable estoppel in ejectment 281 statute as barring recoiery of Future trusts, see Vested, Contin- insurance 276 gent and Future Interests Power of not acquired lv assignee Licensee's duty to remove railway of pledgee, see Pledges built on another's land 281 State Regulation oter interstate Liens by conditional vendors, see transmission of electricity, see Sales Interstate Conncree YALE LAW JOURNAL

Satisfaction Constitutionality of Baumes law 1019 See Accord and Satisfaction, Wills Jurisdiction allowed over non-resi- Seals dent joint debtor 1179 Contract under seal, adoption by Operation of, when constitutional principal of 1176 bar removed 1018 Municipal corporations, in contracts Penal statute, non-compliance with of 1183 to bar recovery of insurance, 276 Setting forth offense in words of Seamen statute 275 Application of Jones Act to steve- dores as 414 Stock Searches and Seizures See Corporation, Bonds See Constitutional Law, Evidence Strike See Trade Unions Sedition Support See Trade Unions Duty of divorced father for disin- Service herited child, see Husband and See Process Wife Set-offs and Counterclaims Suretyship and Guaranty Counterclaim for assault and slander, Discharge of surety company by pre- joinder in 148 mature payment on contract 282 Splitting causes in court of limited Provable claim of unpaid surety in jurisdiction, see Pleading bankruptcy 1017 Sherman Anti-Trust Act Surety bond not property affecting See Anti-Trust Laws Bankruptcy discharge, see Bank- Situs ruptcy See Conflict of Laws Survivorship Slander See Cotenancy See Libel and Slander Swan, Thomas W., Dean Sovereignty of 679 Immunity of a state from suit in Taxation tort, see Torts Annuities, contract for, see Income Was an invader ever sovereign 966 Taxation Specific Performance Business and property taxes, 195-206: Admission by defendant of oral Reasons for distinguishing, 195; promise bars defense of Statute form of tax not conclusive, 196; of Frauds 1188 importance of examining entire Arbitration contract, of 1016 taxing scheme, 197; test of own- Denied against promoter on promot- ership, 199; of operation, 200; of ers contract, see Corporations commutation of taxes, 202; of Effect of option to buy on terms to addition of taxes, 203. be agreed on 707 Estate tax, federal, on trust fund Evidence by promisee of donee-bene- when donor retains life income, ficiary contract excluded 1185 283 The present status of the "Lack of Excess profits tax, concept of in rate Mutuality" Rule, 897-913: meth- making 66 od of formulating any legal rule Federal , uniformity or principle, 897-900; Fry's rule of, see Inheritance Taxation on lack of mutuality, 900; criti- Gifts in contemplation of death 1028 cism, 901; exceptions to Fry's Intangible property, limitation on rule, 902; suggested restatements power to tax, 694-699; in inheri- of it, 905; the New York de- tance and theory thereof, 695; cisions, 907; futility of attempt situs, 695; more realistic concep- to formulate rule to be auto- tion, 696; economic reasons for, matically applied to new situa- 697; subjects of taxation, 697; tions, 912. corporate shares, 698. Spendthrift Trusts Joint tenancies, see Inheritance Tax- See Trusts ation Statute of Frauds Partnership profits assigned to wife Voluntary admission of oral promise taxable to husband, see Income Taxation as barring defense of 1188 Power of appointment by the donee Statute of Limitations of a foreign trust, see Powers See Limitation of Actions Succession tax on equitably con- Statutes verted land within the state 283 Advertising, resposibility for untrue Tax on ore from Indian lands 142 under model statute 1155 Constitutionality of, granting emi- Tenancy by the Entireties nent domain to corporation, 1180 See Husband and Wife Constitutionality of, part of fine re- Theaters ceived by judge 1171 See Negligence INDEX-DIGEST

Third Part Beneficiary 1050; Justinian's Institutes, 1053; In life insurance contracts, see hisur- the Church fathers, 1055; sug- alice gested motives fur their .iews, Quality of right of, see Contracts 101--b; St. Augustine's theories, Torts 1057; the Teutonic tradition, Admiralty, in 1015 10FS; Feudal conceptions, 1059; Advertising untrue, as basis for ac- contrasted with modern theories, tion of deceit 1155 10A; in Bracton's time, l,3; Auto registered in maiden name 149 views of Bartolus, 105; the in- Causal relation in legal liability, 513- dividualist theory, ItVj; "the so- 535 : the interest protected, 514; cial ctntract, 1LW7; Lucl:e's in- vague types of interests, 516; fluence, It0,9; his hjtothesis, limits of protection, 518; appli- 1070; Duguit's criticism, 1073; cation of, 521; commerce lay., theory of the constitutional and rules, 527. legal state, 1074; its relation to Chattels, Forcible recaption of 1188 past theories, 1075; its relation Corporate responsibility for ultra to natural law, 1077; (,_ictrines vires business, see Corporations of Grutius, 107,8; dvetrine of Corporate responsibility for act of separation of ptowers, 1079; judi- subsidiary 878 cial control, 10i"_; le elopment Defamation, responsibility for illness of "the rule of laws" in England, caused by 1148 1031; on the continent. 1P 2; in Governmental Responsibility in, 1-41: the , 1(r3; auto- History of Responsibility of Cor- limitation, 104; Dunguits criti- porations in Tort, 3-17; In Rom- cism, 10,45; international law, an Law, 3-8; Principal and agent 10oj; its basis, 107; means of 6; Middle Ages, 8-13; Common enforcement, lIu,-; "the suprem- Law, 13-17; master and servant acy of law,' if Duguit, 10'9; relationship, 13; Theory: The tof Kral 'be, I0j; criticism of King can do no wrong, 17-41; 1 th, 1091; state and law inter- dual position of the king, 18; dependent, 1693; %iews of early privileges and responsibili- Schmidt and Vinugradoff, 1694; ties of the king, 19-23; petition of Kulsen, 1695; c' ,nclusiuns, of right, 23; extra-ordinary rem- 1697. edies against the crown, 25; peti- Joint tort feasors, see Joint Wrodng- tions of grace, 28; transition to doers sovereign immunity, 31-36; res- Misstatements, action for 1023 pondeat superior, 36; inapplica- Mistake in taking applicatin for in- bility of reasons for sovereign surance policy as I@22 immunity to U. S., 37-39; Court Negligence of servant, suit against of Claims, 40. master for 102-J History and Theory of, 757-807; the Waiver of, under statute authorizing state cannot be bound by law, jurisdiction uoer n,.n-resident 757-R07; political theory of, 758; joint debtor 1079 superiority to law, 758; sover- Trade Marks and Trade Names eignity, state and law, 760; politi- International Trade marl: situation, cal organization of, 762; essence 235-245: South American law. of of sovereignity in, 764; as a so- trade marks, 235; common law of cial institution, 765; the state, trade marks, Xii; attempts at in- 767; organismic theory of, 768; ternational conventions, 239; as a force, 770; the "state will," proposal of American Bar As- 771; socially, 773; legal person- sociation. 242-244. ality of, 774; legal relations as Laws preventing infringement, see such, 779; state and law, 780; Monopolies the state above the law, 780; su- Trade Unions premacy of natural law conflict, General strike in England, legality 783; Bodin, Hobbes, and Austin, of, 4W-445: history of, 4 4 his- 784; squaring theory and fact, tory of general laws g.,,ernin, 787; Roman and Medieval max- 4-kt; criminality of stri:e, 41*,'; ims of absolutism, 790; objection trade disputes, 470; syprnathetic to, 793; state torts, 794; the im- strikes, 471; ckmpar,,.,n v.ith re- munity from suit, 798; economic xslutiun, 473; treaE ,n, 475; sedi- reasons for, 801; necessity for tious offenses, 479; criminal c-in- other view today, 804; absolutist spiracy, 4,43. theory of sovereignity, 1039; the- Kansas Industrial Court act, see In- ory of sociological jurists, 1040; dvstrial Courts and Le-Jislatin political theory of ancient civili- Peaceful picketing in New Yorl:, zation, 1041; the Greek theory, 1912-192b, 557-A4: limitati,,n on, 1044; Plato's state, 1045; Ani- 557; not substantial, 557; ii w stotles' theory, 1046; Roman pol- attempt to hreach contract, 5 M; itical theory, 1048; Cicero's view, unlawful means used in, S,27 Xxii YALE LAW JOURNAL

Vendor and Purchaser bargaining power, 562; purpose yen- of, 562; -weapon of the strike, Lien on fixtures of conditional 563; machinery of arbitration, or, see Sales Vendee's lien granted to assignee of 564. subvendee 716 Trover and Conversion Tortious disposal of creditor's secur- Verdicts 275 See Practice ity Vested, Contingent and Future In- Trustees trests See Bankruptcy Future trusts for "husbands," "wife," Trusts or "widow," 336-350: valid limit- Substitutes for, 1126-1147: ations of 336-350; New York Civil Law desig- classification of trusts from rule of, 336-350; need of functional viewpoint, 1128; sim- nation, 337; "wife" for living ilarity between common law spouse, 339; time of creation of and civil law estate of, 341; birth of "wife" spendthrift trust of, 343; substitute, 1133; differences, after creation of estate donee is too in being, meaning of in, 345; 1134; trusts where "group" meaning of in, 3-17; in- young to manage the property, differences, 1135; other tent in creating, 349. 1134; Right of reverter and the statute trusts where trustor doesn't fre- wish donee to manage the prop- quia emptores, 593-607: erty, 1136; compared with leg- quency of occurrence, 007; de acy with a charge, 1137; with terminable fees, when discovered for benefit of third per- 596; application of statute, 595- contract 597; United States authority, son, 1137; or deposit for bene- 600; fit of third person, 1138; or the 599; meaning of tenure, civil law fiducia, 1138; or the analysis of relations, 600; the civil law mandate, 1139; the usu- old feoffment and subinfettda- fruct compared with trusts, 1140; tion, 601; right of entry, 602; the emphyteusis compared, 1141; warranties, 606. the fidei commissum compared, Waiver 1142; trust , 1145; civil Breach of condition, see substitutes for, 1146; assign- Incompetency, see Evidence ment for benefit of creditors, Irregularities in pleading, see Plead- 1146. Ing Criminal Deposits for collections, see Banks Jury in Criminal suit, see and Banking Procedure Equity powers of mortgaging trust Objection to searches and seizures, property, see Charitable Trusts see Evidence Proof of waiver of conditions under and Corporations of performance, see Estate tax on, in contemplation of allegation death 283 Practice Future trusts, see Vested, Contingent War "andFuture Interests Legislation for monopolies, see Mots- opolics Insurance, deferred settlements in life, see Insurance Warranty Joint bank account, right of survivor- See Insurance 1024 Waters and Watercourses ship in Federal bridge legislations and the Mortgage trustee files claims for Constitutional bondholders, see Practice constitution, see Profit for non-technical trustee, see Law Insurance Wills to hold in Ademption and satisfaction of lega- Promissory undertaking cies and devises 717 trust in land purchase 715 1029 Taxation of exercise of a power of Agreement not to contest appointment by the donee over a Caveat by judgment creditor of dis- see Powers inherited heir not allowed 150 foreign trust, 87 Validity of, after beneficiaries reach Conditional and contingent 284 Partial assignment of legacy irrevoc- majority able 272 Ultra Vires Trust with payments deferred till See Corporations after majolrity 284 Unfair Competition Witnesses Advertising, untrue, as 1155 See Evidence Laws controlling, see Monopolies Workmen's Compensation Usage and Custom Fellow servant rule inapplicable to Inadmissibility to show proof of act, property 147 see Evidence Jones Act, application to stevedores, Uses see Admiralty See Vested, Contingent, and Future Minor illegally employed, common Interests law defenses for 151