was entitled to recover as for " money paid at the defendant's request," at the rate fixed by the verbal agreement, even assuming that the agreement was one "not to be performed within a year." Knowlman v. Bluett, Law Rep. 9, Ex. (Ex. Ch.) 307.

BOOK NOTICES.

The Law of Torts. By Francis Hilliard. Fourth edition. Two volumes. Boston: Little, Brown & Co., 1874. Mr. Hilliard's well-known work on "The Law of Torts, or Private Wrongs," has been before the profession for about sixteen years, and has given great satisfaction. The subject is one of the most important which the law-author is called upon to treat, it being one of the great divisions of the whole law; and coordinate with Contracts and Crimes. The present edition is prepared with the author's usual diligence and discrimination; and considerable additions have been made. In all that Mr. Hilliard does in law literature the desire to furnish the substance of the law is pre-eminently manifested; and although little attention is paid to matters of form and style, yet his works possess the essentials of absolute merit. An examination of the present edition shows that most of the later cases have been inserted on the subjects treated; although there seems to have been no attempt to get the very latest cases. Mr. Hilliard is a conservative writer, and evidently believes that law, like poetry and wine, is all the better when it is a little old. The work can be thoroughly recommended to the profession.

American Cases upon the Law of Wills. By Isaac F. Redfield, LL.D. Boston: Little, Brown & Co., 1874.

The title page of this volume tells us that it is a book of "Leading American Cases and Notes upon the Law of Wills, Embracing Testamentary Capacity, Undue Influence, the Admission of Oral Testimony in aid of the Construction of Wills, the Execution of Wills, etc." It is designed as a supplement to the author's treatise on wills; and has been prepared in the same manner as the author's well-known collection of leading American cases on the Law of Railways. In a compilation of this character, two essential requisites are to be observed ― judicious selection of cases and completeness in annotation. Without these requisites a volume of leading cases is a mere fragment; with these requisites such a volume may be quite as valuable as a treatise. We know of very few treatises which are so valuable as Smith's Leading Cases; and that work alone demonstrated the desirability of such compilations properly and copiously annotated.

This volume of leading cases on wills contains a little more than one hundred cases, the judicature of nearly every important State being represented. The selections are made with sound discrimination; and the notes are in Judge Redfield's best style. The subjectmatter gives the author an opportunity to indulge his aptitude for independent suggestion and criticism, and in stating his own views, much vigor and directness is exhibited. This makes all of Judge Refield's notes interesting and beneficial; for they not only set forth the law as it is to be deduced from the cases, but the law as it ought to be in the view of the author. The case of Robinson v. Adams, (Supreme Court of Maine), p. 367, with the preceding and succeeding notes considers one of the most peculiar phases of law the effects of modern spiritualism upon testamentary capacity. We have not the space to give a synopsis of the discussion there entered into; but the

reader of this volume will not, we venture to affirm, pass over this case and notes without reading every word. The department of adjudication comprised in this book is probably one of the most interesting, of all the departments of law, in its social and mental aspects. And Judge Redfield has succeeded in making not only a book which is thoroughly useful to the profession, but one which is highly entertaining. The style and quality of the mechanical part deserves approbation. It is one of those richly and handsomely prepared law books for which the Boston publishers are justly famous.

Medico-Legal Papers. First series. Revised edition. New York: McDivitt, Campbell & Co., 1874.

The papers collected in this volume were originally read before the Medico-Legal Society of New York; aud many of them have appeared in newspapers, magazines and reviews. Some of the papers are now published for the first time; and all of them have been revised by the individual author. This collection is of exceeding value, not only on account of its intrinsic merit, but on account of the evidences which it furnishes of the interest which is being taken in the subject of medico-legal jurisprudence. The New York society is rapidly increasing in magnitude and influence, and will yet attain an importance having a great practical influence in legislation and administration. Among the most important papers to be noticed in this volume are "The Law in Reference to the Sale of Poisons by Druggists; " "The Medico-Legal value of Confession as an evidence of Guilt;" "The Law in reference to Suicide and Intemperance in Life Insurance; "The Sphere, Rights and Obligations of Medical Experts;" and "The Legitimate Influence of Epilepsy upon Criminal Responsibility." There is an "introduction" to the volume containing an interesting account of the origin of the society, before which these papers were read and discussed. To all who are interested in medico-legal jurisprudence this volume will be of sterling benefit, furnishing, as it does, the latest results of the combined observations of the legal and medical professions on matters of paramount importance.

This is a "Treatise on the Law of Sale of Personal Property; with references to the American Decisions and to the French Code and Civil Law." The first English edition of this work was brought out in 1868 by Mr. Benjamin, and was designed to develop and enlarge the work of Blackburn on Sales. The work received great favor not only in England but in this country, and in 1873 a second edition was issued by the English author, with additional references to American cases. These references were, however, generally, to the leading cases in the Supreme Court of the United States and in the Court of Appeals of New York-certainly a great compliment to these courts, and an index of the foreign estimate of the importance of some of our courts over others. Mr. Perkins, the American editor, has added more copious references to the American decisions; and has aimed, particularly, to state the cases and opinions on points in which the American law differs from the British. It is unnecessary to make a lengthy exposition of the character and plan of the present work. The American profession are quite well acquainted with this admira

ble treatise, and only awaited just such additions and modifications as Mr. Perkins has made to accept the treatise as a complete compendium of the law of the subject on which it treats. The American editor has performed his part creditably, and has exercised the same care and judgment which characterizes his editorship of "Chitty on Contracts." For excellence of arrangement, purity of style and diction, fullness of subject-matter, and accuracy, this work has few equals.

A Treatise on the Law of Contracts. By William W. Story. In two volumes. Fifth edition, by Melville M. Bigelow. Boston Little, Brown & Company, 1874.

The advertisement to this edition states that it was commenced some three years ago by the Hon. Edmund H. Bennett, but that after prosecuting it for about a year he was compelled to abandon it by reason of failing health, and that, thereupon, Mr. Bigelow was induced to complete it. We doubt if the task could have fallen into more competent hands. To say that this is the best edition of Story on Contracts that has ever been issued, would be saying no more than one would expect of the last edition; to say that Mr. Bigelow has made the work, what it has never been before, satisfactory, would hardly be saying too much. Aside from two entirely new chapters on "Bills of Exchange and Promissory Notes," and on "Telegraph Companies," and some fifty new sections, the editor has rewritten many of the old chapters and has greatly improved the general plan and arrangement of the work by eliminating some matters not properly belonging to it and by re-arranging other matters. In addition to this he has collected the cases decided since the last edition was issued, now some eighteen years ago. This addition, he tells us, has been about three thousand cases.

The author of a treatise on Contracts should be, like a poet-"born, not made." The subject is altogether too vast for mediocrity; and it has always been a matter for regret that it did not fall to the lot of the elder Story rather than to his son; but, however much we may miss in this work the genius of the father, we are bound to say that as it comes to us from the hands of this editor we miss nothing that care and research and good judgment can give to it.

UNITED STATES SUPREME COURT. The following is a summary of the opinions read in the United States Supreme Court on Monday last:

No. 13.-Cadle, Jr., Receiver v. Baker & Co.: Appeal from the District Court of the United States for the Middle District of Alabama. Mr. Chief-Justice Waite delivered the opinion, holding that in an action by the receiver of a National Bank against the debtor of the bank, the defendant cannot inquire whether the receiver was rightfully appointed. Reversed.

No. 761.-Gardner v. Brown, adv.: Appeal from the Circuit Court of the United States for the Middle District of Tennessee. Mr. Chief-Justice Waite delivered the opinion, holding that a trustee on a mortgage security is a necessary party, and the case cannot be removed where his citizenship forbids it. Affirmed.

No. 116.-Scott et al. v. Kelly. No. 17.-Same v. Same: Appeal from the Supreme Court of New York. Mr. Chief-Justice Waite delivered the opinion, holding that as the assignee in bankruptcy submitted to the jurisdiction of the State Court without objection, he cannot now question it in this court. Affirmed.

No. 109.-Basee v. The City of Brownville: Appeal from the Supreme Court of Texas. Mr. Chief-Justice

Waite delivered the opinion, dismissing the writ because no federal question is raised on the record.

No. 3 (original).-The State of Florida v. Anderson and others: Mr. Chief-Justice Waite delivered the opinion, dismissing the cross-bill of R. H. Johnson et al. Amended cross-bill of complainant, and so much cross-bill of Boisevain et al., as relates to the Jacksonville, Pensacola and Mobile Railroad Company, and the Florida Central Railroad Company. The injunction in regard to the collection of certain taxes is continued until the final disposition of the cause. The petition filed by the Rogers Locomotive Works overruled, but they are permitted to file a petition for payment out of funds in the hands of the receiver.

No. 4.-Murdock v. The City of Memphis: Appeal from the Supreme Court of Tennessee. Mr. Justice Miller delivered the opinion, holding, first, that the second section of the Act of Feb. 5, 1867, is a substitute for and repeal of the 25th section of the Act of 1789, and governs the appellate jurisdiction of the Supreme Court over State judgments and decrees of State Courts; second, that this jurisdiction arises only where one of the questions mentioned in the Act of 1867 has been decided by the State Court against the plaintiff in error in the court; third, that the jurisdiction of the Supreme Court is limited to the decision of the federal question, and if that was rightly decided in the State Court, the judgment must be affirmed; fourth, but if it was erroneously decided, then the judgment must be reversed, unless there is some other matter or issue decided by the State Court sufficiently broad to maintain the judgment of the State Court, without regard to its error on the federal question. Affirmed.

No. 27.-The Baltimore and Ohio Railroad Company v. The State of Maryland: Appeal from the Court of Appeals of Maryland. Mr. Justice Miller delivered the opinion, overruling the motion to dismiss the writ of error to the Court of Appeals on authority of Murdock v. City of Memphis.

No. 108-Matthews v. McStea: Appeal from the New York Court of Common Pleas for the City and County of New York. Mr. Justice Miller delivered the opinion, overruling the motion to dismiss the writ of error to the State Court on same authority.

No. 17.-The First National Bank of Clarion v. J. B. Jones, assignee, etc.: Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Mr. Justice Clifford delivered the opinion holding: first, that the sale of goods under a confession of judgment by an insolvent is not conclusive against his assignee in bankruptcy; second, that a party giving such a power to confess must be held to contemplate the consignee's security a judgment and levy on his property. Affirmed.

No. 114.-P. F. Peters v. the Schooner Dexter, etc.: Appeal from the Circuit Court of the United States for the District of Maryland. Mr. Justice Clifford delivered the opinion. This was a case of collision, in which, on conflicting evidence, this court affirmed the decree rendered in both the District and Circuit Courts. Affirmed.

No. 104.-Ross v. Jones, Brown & Co.: Appeal from the Circuit Court of the United States for the Eastern District of Kansas. Mr. Justice Clifford delivered the opinion, holding: first, that the whole period of the war must be taken out of the view of the Statute of Limitations on suits in the Circuit Court for the District of Arkansas; second, that an indorsee of a promis

No. 107.-French v. Edwards et al.: Appeal from the Circuit Court of the United States for the District of California. Mr. Justice Swaine delivered the opinion holding, that in an action at law for the possession of land by a party who had conveyed it in trust for certain purposes, where the purposes had been abandoned, and the trust no longer existed, it would be presumed that the title had been reconveyed to the grantor, and that he can recover on his original title. Reversed.

No. 93.-The Franklin Fire Insurance Company v. Colt: Appeal from the Circuit Court of the United States for the District of Connecticut. Mr. Justice Field delivered the opinion, holding, that notwithstanding the provision in the charter which required the policy of insurance to be in writing, the company could bind itself by a preliminary parol agreement. Affirmed.

No. 98.-Yonkey v. Saunders: Appeal from the Supreme Court of Arkansas. Mr. Justice Davis delivered the opinion, holding, that a judgment in the Circuit Court of the United States against an administrator will not authorize the sale of the property of decendent in disregard of the course of administration of the estate under the laws and in the courts of the State; it only establishes the claimant a valid claim against the estate. Affirmed.

No. 566.-Clark v. The City of Iowa City: Appeal from the Circuit Court of the United States for the District of Iowa. Mr. Justice Field delivered the opinion, holding, that in an action on coupons for interest, detached from the bonds to which they belonged, the statute of limitations which applies to the coupons is that which would apply to the bond if suit was brought, and that the statute begins to run from the time the coupon was due and payable. Affirmed.

No. 382.-The United States v. Saunders: Appeal from the Court of Claims. Mr. Justice Bradley delivered the opinion, holding that the claimant, as the Superintendent of the Experimental Garden of the Agricultural Department, is not included in the act of July 20, 1866, adding 20 per cent to compensation of certain government employees. Reversed.

BANKRUPTCY LAW.

In Stickney v. Wilt, decided at this term of the United States Supreme Court, the objection was made that an appeal would not lie from the Circuit Court to the Supreme Court from the decree of the Circuit Court rendered in a petition of review, filed under the supervisory jurisdiction conferred upon the Circuit Courts by the first clause of the second section of the bankrupt act. The court was of the unanimous opinion that the question was settled in the negative in Morgan v. Thornhill, 11 Wall. 72.

In Mays v. Fritton, decided in the same court, it was held that to authorize an assignee to recover money or property payed or sold, under section 35 of the bankrupt act: "It is necessary that he should establish the act of the bankrupt, not only of which he complains, but also that it was done with a view to give a preference over other creditors, and that such person was insolvent." For a full discussion of this general subject see the recent case of Wilson v. City Bank, 17 Wall. 473.

In Marrett v. Atterbury, decided by Mr. Justice Miller in the United States Circuit Court district of Minnesota, and reported in 2 Cent. L. J., 11, it was held that where the creditor of a bankrupt included in his proof of debt a claim against the bankrupt's estate part of which was invalid and the rest valid, and made the claim in this manner intentionally, knowing that only part of it was legal, and supported the claim for the whole amount by a false oath, the effect of this fraudulent conduct on the part of the claimant was to disentitle him to any dividends whatever on any part of his claim.

CORRESPONDENCE.

AN ERROR IN STORY'S COMMENTARIES ON EQUITY. 345 BROADWAY, NEW YORK, January 9, 1875.

Editor of the Albany Law Journal: DEAR SIR- Every now and then we meet with some hesitation of the judicial mind over the following broad language in Story's Commentaries, § 193: "Whether the party, thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial," etc. The sole authority cited being Wright v. Snowe, 2 De G. & S. 321. (The word "thus" is out of place; for the antecedent is, fraud by imposition, implying a scienter.)

But the dissenting judges do not notice that the authority does not support the text. The vice-chancellor's language is simply this: "If a person will make a positive assertion and another act upon it, it is often immaterial, between the two, whether the former was aware that it was untrue."

It will be seen that the authority is merely upon the subject of equitable estoppel; and it is to be hoped that the section of the commentaries will be altered conformably in the next edition. The loose error has been inserted in Perry on Trusts, and is a sort of standard obiter; although uniformly qualified whenever it presses upon an actual case. At least, I have met with no decision which has been governed by it. Respectfully, etc.,

NOTES.

B. W. HUNTINGTON.

Baker, Voorhis & Co., announce a new treatise on the law and practice of Surrogates' Courts in the State of New York, by Amasa A. Redfield, one of the authors of that very excellent book, Shearman and Redfield on Negligence. The same firm will shortly issue a Digest of the Laws of Railways, by Mr. R. Bach McMasters, the compiler of the annotated Railroad Law of New York. Mr. McMasters' work will embrace all the American cases both State and Federal, and all the English, Scotch, Irish and Canadian cases applicable to the American law. Well arranged and well executed, the work should be very useful. The other books promised shortly by this firm, are Waterman's Treatise on Trespass, and Judge Ashbel Green's edition of Brice's Ultra Vires. -Messrs. Diossy & Co., have in preparation a treatise on the Law of Referees by ex-Judge Murray Hoffman, and a treatise on the Law of Receivers by the same author.

-Callaghan & Co., of Chicago, also announce a Digest of the law of Railways by John F. Lacy.Kay & Brothers have in preparation a treatise on the law of Homicide with an appendix of Leading Cases

by Francis Wharton, a work which, coming from a writer of such conceded ability, will prove of great value. Gould & Son have in press a treatise on the duties of Executors, Administrators and Guardians, and the practice in the Probate Court, with forms by Robert H. McClellan, former Surrogate of Rensselaer county.

All lawyers in the Agentine Republic are said to be styled "Doctors."-Lord Romilly died at the age of seventy-two.-The Weslyan body in England are to take legal proceedings to have the right of their ministers to be described on tombstones in parish churchyards, by the title of "reverend" established by law. -The Chicago Bar Association recommends that the Supreme Court of Illinois meet only at the Capitol of the State.-A number of cases had been set down for hearing at the last Marylebone County Court, arising out of the recent explosion near the Regent's Park, the plaintiffs in each case claiming damages against the Grand Junction Canal Company. The company, however, obtained a writ of certiorari for removing the causes to the Court of Queen's Bench, where a representative case may be expected to be tried in Hilary term. The York Herald says that Mr. Justice Denman startled assize court blackguardism at Warwick by an outburst of indignation. Suppressed tittering reached his ear from the gallery whilst a witness was reluctantly repeating indelicate lauguage, his Lordship exclaimed in a tone of astonishment and anger, "Good God, is this a Christian country?" Having threatened to have one man arrested who had been laughing at every indelicate expression, his Lordship added, "Let us have decency in courts of justice. One does not come to be amused by filth which one is obliged to extract in cases that disgrace the country."

Our attention has been called to a typal error in Mr. Lawrence's letter, published in this JOURNAL last week, which impairs the sense. On page 35, second column, seventh line from the bottom, for "International." read "Justinian."- A correspondent thinks our answer to the question of F. P. M., about the Buffalo charter in last week's JOURNAL, is not wholly correct," because a like provision is to be found in the Revised Statutes of the State. 1 R. S. 397. We suppose, however, that the Buffalo charter and the Revised Statutes stand about on a par, so far as their legal effect is concerned. The United States Supreme Court, before the holiday adjournment, decided some sixty odd cases, dismissed upward of forty, and held some thirty odd under advisement, most of which they decided last Monday. It seems from one of the Evening Post's entertaining series of articles, "Among the Book-makers," that Mr. James R. Osgood, the chief of the Boston fraternity, was intended by his father for the bar, and that he read Blackstone for a time, but his natural proclivities were too much for his father.

The necrology of 1874, embraces some legal names of more than ordinary prominence; chief among them is that of Benjamin R. Curtis, of Boston, who was in many respects, perhaps, the ablest lawyer in the United States. In our own State, Judge Charles H. Doolittle, leads the list, among the younger men; while of the men, as it were, of the past generation, were Judge Conkling, the father of Senator Conkling and the author of "Conkling's Treatise" and "Conkling's

Admiralty;" John W. Edmonds, for years a Justice of the Supreme Court, and Mr. Gerard, of New York, a contemporary of Ogden Hoffman. The Pennsylvania Bar lost James Thompson, who was, from 1857 to 1872, a Justice of the Supreme Court of that State, and from 1867 its chief. He was an excellent lawyer and a judge beyond reproach. Among the other names that we recall are John Meredith Read, also a Chief-Justice of Pennsylvania; John Bowers Lewis, said to have been the ablest lawyer in Canada, and Judge Basil Harrison, of Michigan, the original of Cooper's "Beehunter."

One of the most remarkable of the curiosities in our reports is the case of Babcock v. Montgomery Co. Mut. Ins. Co., 4 N. Y. 326. The case holds that where a building was insured generally against loss by fire, and in a separate clause in the policy the insurers were declared liable for fire by lightning, no liability attaches for a loss occasioned by the building being struck by lightning, prostrated and destroyed, but no ignition or combustion taking place. Nicholas Hill, Jr., argued the case in the Court of Appeals for the insurance company, and his argument, as usual, seemed to exhaust the learning on the subject, and Hulburt, J., who delivered the opinion of the court, made a resume of the argument of counsel. The extent and variety of the allusions in the opinion to the subject under discussion are certainly unique. The point was to determine whether "lightning" is "fire," the plaintiff contending that destruction by lightning in any manner is a destruction by fire. The judge alludes to three passages in the Bible, of which the passage from Job, i, 16, is the most noteworthy, viz.: "The fire of God is fallen from heaven and hath burned up the sheep and the servants and consumed them." Allusions are made to the views of Seneca, the Stoics and EpicureQuotations are made from Milton's Paradise Lost and from Byron's Childe Harold. The scientific treatises are examined and the names of Des Cartes, Harris, Dr. Lardner, Franklin, Faraday and Metcalf appear in the discussion. A few law cases are cited, and the judge comes to the conclusion that "electricity, caloric or heat may so act, without producing fire, as to cause great injuries to property, but these are not embraced by an insurance against fire alone."

ans.

Law schools seem to be among the things that do not improve with time, except it be in the facility with which they turn out "ready made lawyers." The law schools of the Civilians were somewhat different from either those of this country or the Inns of Court. Those of the Justinian period were located at Constantinople, Berytus and Rome, and the course of study in each, as prescribed by the ordinance of December, 533, consisted of five years. The students of the first year, nicknamed the dupondii (two-penny men), were required to read the Institutions, and to make a beginning with the Digest. The second, third and fourth years were also given to the Digest, but without proceeding further than through thirty-six out of the sixty books. The instruction of these four years was carried on by lectures and recitations. In the fifth and last year the students were left to themselves and read (or were supposed to read) the remainder of the Digest and the Codex Constitutionum. Later the law schools of Ravenna and Bologna attained a reputation and an attendance that would make glad the hearts of the directors of the present day.