References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type Preferences: Enforcement of trans- fer as effecting a preference. 872 766, 776 to recover unpaid balance of Discharge: Debts not affected: debts omitted from schedule: knowledge of proceedings in bankruptcy. 97 Exemptions: Validity of homestead Jurisdiction of federal courts: Whether deposit in local bank is property within the jurisdiction. See also under Corporations; Surety- Forged instruments, see under Bills bank for fraudulent sale of Deposits: Deposit of penal sums: National banks: Collateral attack BELLIGERENCY. See War. Delivery: Effect of negotiating a 777 450 Defenses: Accommodation maker: failure of holder to set-off claim against accommodated party. 231 Negligence of the drawer of a check as a defense to the drawee bank: Negligence of maker: signing in Doctrine of Price v. Neal: Certifi- cation of check by mistake against Negligent payment under forged Presentment and notice of dis- dorser to extension of time. 450 Whether liability of maker of domi- Whether necessary to charge in- dorser shown by parol to be joint Checks: Certified checks: retraction ing check in trust for special References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type See also Attachment; Illegal Contracts; Interstate Commerce; Statutes. Connecting lines: Liability of initial ment for excess charges. 217, 550 Discrimination and overcharge: Discrimination against ship brok- ers: exclusive storage facilities on Effect of a single railroad main- taining a higher rate than that of Limitation of liability: Is a com- mon carrier subject to an excep- Passengers: who are passengers: CERTIFICATION. 217, 550 Of checks, see under Bills and Notes. NANCE. ser- Evidence of, see under Evidence. See Rule against Perpetuities. Taxation of, see under Constitutional References in heavy-faced type are to NOTES; in plain type to RECENT CASES: and in italicized type Testamentary succession: See also Inheritance tax on proceeds of foreign Succession tax on registered bonds of the taxing state kept by non- Suits against foreign executors. 442 Obligations ex delicto: creation statute conferring jurisdiction over torts to foreign realty is retroac- Jurisdiction of courts: personal neutral courts of contracts be- tween citizens of belligerent coun- Service: service on agent of foreign corporation in cause of action Jurisdiction of courts: jurisdiction quasi in rem: Whether filing of What constitutes consideration: Consideration moving to promisor Failure of consideration: Effect of CONSPIRACY. See also Aliens; Carriers; Conflict of Laws; Criminal Law; Customs Du- ties; Elections; Foreign Corpora- tions; Indictment and Information; Judges; Legal Biography; Master and Servant; Municipal Corpora- Nature and development of consti- of Justice Holmes towards consti- tutional questions: in general. Growing importance of constitu- Nature and theory of the Constitu- Relations between states and nation: Justice Holmes' interpretations of Making and changing constitu- Difference between limitations on taxing power of Congress and that The Sixteenth Amendment as a dec- laration that an income tax is Separation of powers: Criticism of References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type subject to judicial review. 91 Powers of the judiciary: Admiralty 219 Exclusion of aliens: judicial review when construction of statute in- Power to review action of school board passing rule to exclude mem- Powers of legislature: taxation: Mortgage registry tax: whether uni- Opinions of Justice Holmes concern- Stamp tax on foreign bills of lading: Whether prohibitory tax attached by House to Senate bill is a revenue bill originating in the Senate. 220 Powers of legislature: delegation Constitutionality of Federal Re- Ex post facto and retroactive laws: Whether overruling decision given retroactive effect so as to make acts done in reliance on over- ruled decision criminal, is analo- Impairment of the obligation of contracts: Whether statute lim- iting attorney's fees in claim against United States is impair- 693-694 Liberty to contract: decisions as to statutes regulating labor of women Liberty to contract: decisions as to statutes regulating labor in dan- Liberty to contract: decisions as to statutes regulating hours of labor Liberty to contract: statute restrict- 219, 452 211, 223, 879 Right to vote: constitutionality of Witnesses' privilege against self-in- 1876 Privileges, immunities and class legislation: Regulation of trades: Of constitutional provisions, see Con- Of contracts, see Contracts; Insurance. Of wills, see Wills. to alter contractual rights through CONSTRUCTIVE TRUSTS. repeal of legislation. 874 Trial by jury: Change of judges dur- See Quasi-Contracts. Due process of law: Assessment by frontage method for paving street | CONTRACTS. References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type Negligence; Parent and Child; Capacity of parties, see Corporations; Collateral oral agreements, see Parol Contracts implied in law, see Quasi- Illegality as a defense, see Illegal Con- Requisites, see Consideration; Offer ruptcy; Deeds; Fraudulent Con- See also Agency; Banks and Banking; creature of the state. evi- dences that it is real and not an 408-416 portionment of stock dividends be- tween life tenant and remainder- Ultra vires: basis of doctrine: Fail- Ultra vires: what acts are ultra bank of stock in building corpora- Ultra vires: effects of: Collateral attack on purchase by national bank of stock in building corpora- Stockholder's bill under Federal Stockholders: individual liability to corporation and creditors: trustee in bankruptcy for unpaid Insolvency of corporation: Effect of dissolution of corporation under statute providing a state officer shall take assets and become the successor of the corporation. 778 Right of trustee in bankruptcy to recover unpaid balance of stock issued at discount. |