FRAUDS-Statute of—debt of another-original or collateral promise..... 534 gence...... HOMICIDE-self-defense-duty to retreat. Trial-instructions-invading province of jury....... HUSBAND AND WIFE-power to contract.... INDICTMENT AND INFORMATION-conviction of lesser offense-statutory INFANTS-contracts-false representations as to age-effect.. INJUNCTION-boycotting.... INSURANCE-life insurance-warranties. Oral application-waiver... Proof of loss-waiver denial of liability. Suicide by the insured-validity of provision. INTEREST—computation-compound interest..... JUDGMENT-persons concluded..... LANDLORD AND TENANT-action by landlord to recover possession.......... Defect in premises-injuries to occupants..... Injury from defect-contributory negligence of tenant Lease-crops-lien.............. Notice to quit-waiver by landlord...... MANDAMUS-right to appeal................. 358 56 534 288 359 56 441 208 441 534 359 360 535 442 442 360 535 591 LEGISLATION-right of state to control speculation in theater tickets..... 144 Manufacturers—liability for defects in articles made—who may sue... Injuries-exemption from liability...... 208 144 443 361 57 288 145 536 591 Injuries to servant-assumption of risk. Injuries to servant-contributory negligence.. Injuries to servant-warning-delegation of duty Injuries to servants-defective appliances..... Injuries to servant—defective appliances-knowledge of defect..... 591 MECHANICS' LIENS-creation of lien-statutes... MUNICIPAL CORPORATIONS-employees-compensation. 145 144 144 208 592 Dangerous machinery-care required—places attractive to children. 289 OFFICERS-compensation..... PARDON-Conditional release-re-arrest... Support of child-liability of parent.. 593 362 290 363 PARTNERSHIP-trademarks and trade names-rights of retiring partner.. 209 PATENTS-infringement-equivalents... PLEADING-bill-multifariousness....... POWERS-sale of land-authority of one trustee. PRINCIPAL AND AGENT-existence of agency... Implied contract-knowledge of agent......... Mutual rights-acting for adverse parties-compensation... PUBLIC FUNDS-deposit of same in bank-liability for loss. RAILROADS-accident at crossing-signals-question for jury... Crossing accident-contributory negligence... Crossing accident-contributory negligence... Crossing accident-wilfulness..... Injuries to pedestrians—liability to trespassers..... Injuries to pedestrians on track—contributory negligence... Negligence operation-nuisance. 594 594 REAL PROPERTY-titles by possession-rights of squatters.. RELIGIOUS SOCIETIES-title to property-materiality.... Breach of warranty-remedies of buyer...... Contract for sale and delivery of coal-what constitutes excuse for SEDUCTION-criminal prosecution-evidence-admissability... SHIPPING-Validity of conditions in ticket-limitations of liability... SLANDER-evidence-understanding of words spoken..... Words actionable per se.. STATE REGULATIONS-police powers-city ordinance. Injuries to pedestrians-contributory negligence-defective hearing TAXATION-property subject to taxation-personal property outside of 445 595 445 446 58 TELEGRAPH COMPANIES-delay in transmitting messages-damages...... TELEGRAPH-delay in delivering message-damages for mental suffering 59 TORTS-electricity-duty of electric light company.. Master and servant-employer's liability to servant. Railroads-injury to licensee... TRADE MARKS AND TRADE NAMES-title of publication... Unfair trade-repairs for unpatented machine... Waters and Water Courses-navigable rivers-riperian rights. WILLS-evidence-undue influence-declarations of testator WITNESSES-Competency-husband and wife.... BOOK REVIEWS American Bankruptcy Reports. Digest of Decisions Under Act of 1898. American Lawyer, The. John R. Dos Passos... Criminal Law, Kenny's Outlines of. James H. Webb.... Das Internationale Civilprocessrecht auf Grund der Theorie Gesetzge- bung, und Praxis. F. Meili...... Declaration of Independence, Its History. John H. Hazleton.. Elementos de Derecho International Privado. Manuel Torres Campos 220 Elements of Jurisprudence. Thomas Erskine Holland... Evidence, Encyclopædia of. Edgar W. Camp, John F. Crowe.. Federal Power Over Carriers and Corporations. E. Parmelee Prentice Federal Rate Bill, Immunity Act and Negligence Law of 1906. Anno- Innkeepers, Hotels, Theaters and Sleeping Cars, Law of. Joseph International Law and Diplomacy of the Russo-Japanese War. Amos 369 Municipal Corporations, Treatise on the Law of. Howard S. Abbott... 223 Nuisances, Law of. Joseph A. and Howard C. Joyce ........ Powers of American People, Congress, President and Courts. Masuji ... 605 Principles of German Civil Law. Ernest J. Schuster... Railroad Rate Regulation. Joseph Henry Beale, Bruce Wyman............ Wills, Remsen on the Preparation and Contest of. Daniel S. Remsen.. 600 450 Translation by LAW JOURNAL VOL. XVI. NOVEMBER, 1906 No. 1 THE LIABILITY OF THE ASSOCIATES IN A DEFECTIVE CORPORATION. To say that it is the present day tendency to conduct business and commercial enterprises through the medium of corporations in order to secure the resulting limitations of liability to those engaged therein, is to state an obvious fact. Partnerships are fast falling into disuse; individuals are organizing "one man corporations," that is to say, corporations in which all the stock is owned or controlled by one individual; and in direct proportion to the hazard of the proposed enterprise, intending incorporators are seeking the advantage of those states in which the requirements for publicity and official supervision are lax and in which subscription for any considerable proportion of the shares of the capital stock prior to organization, is not a necessity, to the end that they may risk but little in their quest for gain. It goes without saying that the vast majority of the companies organized in the United States are incorporated in good faith, but it is unfortunate that it is possible to evade the laws of the state of the residence of the incorporators, when its policy towards corporations as declared by its legislative enactments, imposes too many irksome restrictions and guarantees to the public a protection which the incorporators would seek to avoid. And so, too, it is unfortunate that frequently those who have extended credit to a corporation, relying on the published statement of its authorized capital. stock, find when it is too late that but a modicum of the authorized shares have been subscribed for and issued, and that the assets of the corporation are practically nil. But the very facility with which corporations may be organized in many of our states and territories frequently breeds a certain carelessness on the part of those who would shelter themselves behind the outward form and show of a corporation. Though the require |