vi

amy.

earnings as

possessed.

441

charge upon an assignment of future

wages.

Provable claims: Anticipatory breach

275, 285

of contract.

Claim pursued to judgment after the

364

institution of proceedings.

Judgment recovered more than a year

214

and thirty days after the adjudica-

tion.

142

Secured creditor's right to prove full

claim after realizing on his security.

280, 290

142

Priority of claims: Infant's claim

after avoidance of contract.

Recovery by creditor who has made a

payment to the bankrupt in igno-

rance of set-off.

141

Partnership and individual claims

and assets: Priority of creditor

of ostensible partnership over in-

dividual creditor.

Exemptions: Exemption of property

extended to its proceeds.

Discharge: Effect upon an assignment

213

of future earnings.

Obtaining money by false statement in

275, 285

writing preventing discharge.

292

537

BANKS AND BANKING.
Officers and agents: Liability of
national bank director for report
negligently made.

Deposits: Drawee's liability for pay-

145

ing check with forged indorsement.

National banks: Federal usury stat-

214, 538

ute protecting national banks.

136, 144, 451

Liability of directors for report negli-

gently made.

Validity under federal statute of state

145

tax on national bank shares with-

out reduction for debts when other

moneyed capital is taxed at higher

rate but with reduction.

295

BEQUESTS.

See Legacies and Devises.

633

Negotiability: Coupon bonds payable

from joint stock companies' assets

upon which stockholders are not

liable.

441

Indorsement: Effect of fraudulent in-

dorsement of check when payee

was unknown to drawer.

Checks: Acceptance by retention of

214, 538

check by the drawee.

Effect of fraudulent indorsement of

626

check when payee was unknown to

drawer.

Purchasers for value without no-

214. 538

tice: Validity of negotiable state

bond stolen after redemption and

before maturity and improperly not

cancelled.

282, 294

Validity of private negotiable bonds

improperly circulated after redemp-

tion but before maturity.

Payment and discharge: Validity of

282, 294

negotiable state bond stolen after re-

demption and before maturity and

improperly not cancelled.

282, 294

Validity of private negotiable bonds

improperly circulated after redemp-

tion but before maturity.

Defenses: Extension to principal not

282, 294

discharging surety who is joint

maker.

Delivery Failure of redelivery in case

55

a negotiable bond is stolen after re-

demption and before maturity.

Statutes: Federal usury statute mak-

282, 294

ing valid for national banks notes

void under state law.

Negotiable Instruments Law: acts re-

136, 144

quired to constitute acceptance. 626

Surety who is joint maker not dis-

charged when extension to prin-

cipal.

208. 215

Cancellation of fraudulent birth certifi-

cate.

54, 58

CARRIERS.

See also Constitutional Law; Inter-

state Commerce; Public Service Com-

panies; Railroads; Street Railways.

Federal regulation: See under Inter-
state Commerce.

State regulation in general: Car-

rier entitled to remunerative rates

for particular services. 190-194

Compelling the running of a train
which will not pay for itself.

49, 56
Computation of maximum rate for
whole schedule.
183-186

Computation of maximum rate for

portion of the business. 181-194

Constitutionality of state statute im-
posing large penalty for disregarding
statutory rates whose reasonable-
ness is not determined. 527, 540
Corporation bound by charter to com-
ply with existing unconstitutional
requirement as to rates. 216

Delegation of power to a commission

to authorize increase of capital stock

of railroad corporations. 205, 215

Methods of determining rates. 175-194

Duty to transport and deliver:

Carrier's loss of goods in transit

constituting a tort at place of de-

livery.

Street railway enjoined from decreas-

ing its service where mandamus

would lie.

539

542

To carry goods not tendered when

another part of the same shipment

has been tendered.

143

To give notice before removing a spur

track.

143

441

To run particular train which will not
pay for itself.
49, 56

Custody and control of goods:

Liability of carrier transporting

dangerous animals.

Loss or injury to goods: Fire non-
negligently in car owned by shipper
as an inherent defect in the goods.
.627

Liability for consequential damages

for conversion of goods delivered for

transportation.

629

Limitation of liability: Agreed val-

uation: general discussion. 32-46

Agreement as to value of goods

shipped construed as a contract

limiting liability.

32,38

Breach of condition precedent by ves-

sel owner as affecting express ex-

emption in charter-party. 442

Estoppel as basis of limited liability
in cases of agreed valuation.

35-38
Limitation of liability by agreed valu-
ation when carrier knows valuation
is false.
39-46

Connecting lines: Attachment of car

in the possession of a connecting

carrier who has the right to use it

when returning it.

59

Garnishment of connecting lines for

freight collections due foreign car-

riers.

59

See Interstate Commerce.

COMMISSION.

Of brokers, see Brokers.

COMMISSIONS.

See Constitutional Law (Separation of

powers).

COMPOSITION WITH CREDIT-
ORS.

See Bankruptcy (Rights and duties of

bankrupts).

CONDITIONS PRECEDENT.

Non-performance as a defense, see

Contracts.

CONFLICT OF LAWS.

See also Federal Courts.

Extent of governmental power:
Basis of jurisdiction over torts on
the high-seas in general. 9-22
Consent to application of foreign
maritime law which concerns mat-
ters not generally recognized as
maritime.
16, 17
Consent to application of foreign mari-
time law which differs from the
general maritime law by decision or

states.

statute.

15-21

Effect of confiscation of a trade-mark
in one country upon its use in
another country.
361,373
General maritime law consisting only
of the law of separate maritime
11, 12

Governmental power of the President

in the canal zone after expiration of

the authority given him by Con-

gress.

547

International law as a limit to legisla-
tive power.
394-396
Jurisdiction of United States Court
for China.
437, 447

Jurisdiction over torts on the high

seas based upon citizenship of de-

fendant.

3-6

Maritime jurisdiction independent of

control of person or res based upon

consent to maritime law of any

state.

9-15

Natural law as a limitation on legisla-
tive power.
390-393

Need of international agreement to

allow one country to take property

in another.

23-3!

Presumption that death due to col-

lision on the sea occurred on the

vessel.

Restraining and enforcing extraterri-
torial acts.

2,3

354, 365

354, 365

State ordering the production of books

kept in another state.

See also Admiralty.

210, 221

Effect at the situs of a foreign decree

for performance of a contract to

convey land.

210, 221

Equitable decree as a cause of action
in another state.
Validity of decrees in admiralty resting
on jurisdiction to apply the mari-
time law of the forum independently
of the control of person or res.

15-22

Concurrent jurisdiction: Effect of

state laws upon maritime rights.

357, 363

Jurisdiction of federal court to grant

habeas corpus after commitment by

state court for act done under order

of federal court.

204, 220

Jurisdiction of United States Court

for China.

437, 447

Nature of jurisdiction of United States

court in foreign countries. 437, 447

Power of state to dissolve corporation
whose property is in the hands of
federal receiver.
279, 293
State control of property in a federal
receiver's hands, when a state court
has jurisdiction of a different action
concerning the same property.

279, 293
Situs of choses in action: Appor-
tionment of inheritance tax on
stock of corporation incorporated in
several states.
295
Garnishment of foreign insurance
company doing business in the state,
when the beneficiary of the policy
is absent.
219, 289

Notes owned outside the state. 50, 63

Situs for probate duty of deceased

partner's interest in a firm whose

partners do not live where the firm

does business.

221

453

296

foreign corporation doing business

in the state.

453

Unreasonable service on agent of

foreign corporation which has ceased

to do business in the state.

Jurisdiction for divorce: Necessity
for a matrimonial domicile.
Remedies: right of action: Foreign
decree for conveyance of land as
evidence of a right of action at
situs.
210, 221
Redress for tort committed under stat-
ute of foreign state which forbade
recovery outside that state. 207, 215
Redress in one jurisdiction for tort
committed in another.
207, 215
Remedies: procedure: Foreign de-
cree for conveyance of land as ali-
mony.
210, 221
Capacity: Competency of witness con-
victed of felony in another state.
547

Effect of domicile on capacity of

married woman to contract.

55

Marriage: Nullification: jurisdiction

in case of marriage in England be-

tween English woman and French

minor.

365

Validity of marriage in England be-

tween English woman and French

minor not having consent required

by French law.

365

Legitimacy and adoption: Jurisdic

tional requirement for legitimation

subsequent to birth.

443

Legitimation by marriage subsequent

to birth by state where parent and

child are domiciled but where par-

ents are not married for purposes

outside the state.

443

221

firm whose partners do not live |
where the firm does business.

Obligations ex delicto: creation

and enforcement: Application of

state statute giving right of action

for death, to domestic vessels on

the high seas.

357, 363

Constitutionality of statute allowing

enforcement of foreign action for

death only when deceased is citizen

of forum.

285

Failure of carrier to deliver goods at

destination on account of loss in

transit, constituting a tort at place of

delivery.

539

Recognition in admiralty of foreign

rights accruing under laws different

from those of forum.

8

Recognition of foreign-acquired right

of action for death, not against public

policy in forum not allowing such

action.

78-81

Recognition of foreign-acquired right

of action for death on high seas

when both parties are citizens at the

forum.

82-92

Recognition of foreign-acquired right

of action for death on the high seas

when both parties are citizens of the

same foreign country.

82-92

Recognition of foreign-acquired right

of action for death on the high seas

when only one party is a citizen at

the forum.

82-92

Recognition of foreign-acquired right

of action for death on the high seas

when the parties are citizens of dif-

ferent foreign countries. 82-92

Redress for tort committed under the
statute of foreign state which forbade
recovery outside that state. 207, 215

Right of action for death on high seas

created by the maritime law of any

maritime state independently of the

citizenship of the parties. 9-22

Right of action for death resulting

from injuries received outside the

state where death occurred. 143

Right to prefer local creditor of alien
to alien creditor, resting on discre-
tion to entertain suits between for-
eigners.

State police power over vessels within

three-mile limit.

357, 363

Making and validity of contracts:

Contract to convey land valid where

made and invalid at the situs. 365

Effect of domicile on capacity of mar-

ried woman to become liable for

rent.

537

55

Validity of a contract as basis for de-

cree for conveyance of foreign land.

210, 221

Rights and obligations of foreign

corporations: See supra, Personal

jurisdiction, Situs of choses in action;

and Corporations (Foreign corpora-

tions).

CONSIDERATION.

See also Illegal Contracts.

Theories of consideration: Accord

and satisfaction by part payment.

443

Consideration void in part: Validity

of contract in which one of several

acts promised by one party is malum

prohibitum.

549

Validity of contract in which one of

several acts promised by one party

is unenforceable under the statute

of frauds.

549

Validity of contract in which one party

promises to do a criminal and a

non-criminal act.

CONSPIRACY.

549

See also under Unfair Competition.

Civil liability: Necessity of intent to

injure plaintiff.

546

Criminal liability: Combination of

theatre managers to exclude a critic.

144

CONSTITUTIONAL LAW.

See also Aliens; Carriers; Conflict of

Laws; Elections; Eminent Domain;

Extradition; Federal Courts; Habeas

Corpus; Interstate Commerce; Muni-

cipal Corporations; Police Power;

States; Taxation.

Nature and development of con-

stitutional government: Law

governing rights of states in inter-

state river.

132, 144

Law governing state's right to injunc-

tion against individual for nuisance

committed in another state. 132, 144

State's power to compel acts in an-

other state by consent implied

through entering the Union.

354, 365

State's power to forbid water from

streams to be carried outside state

in pipes.

627

Validity of interstate agreement to
allow one state to condemn property
in another state.
30-31
Construction, operation, and en-
forcement of constitutions: Ju-
dicial construction of the phrase
"public purpose."
277, 295

Necessity that the purpose of taxation
be public.

See also under Elections.

277, 295

Who can set up unconstitutional-
ity: Claim of unconstitutionality