Page:The Green Bag (1889–1914), Volume 21.pdf/250

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Review of Periodicals Science, v. 32,. No. 2, Supplement, p. 153 (Mar.). Kentucky. Report of the Kentucky Child Labor Association. Annals of the American Academy of Political and Social Science, v. 32, No. 2. Supplement, p. 172 (Mar.). Louisiana. "The Forward Step in Louisaana." By Jean M. Gordon. Annals of the American Academy of Political and Social Science, v. 32, No. 2, Supplement, p. 162 (Mar.) Mississippi. "The Difficulties of Child Labor Legislation in a Southern State." By James R. McDowell. Annals of the American Academy of Political and Social Science, v. 32, No. 2, Supplement, p. 166 (Mar.). See also Juvenile Crime, Labor Regulation. Codification. See Marriage and Divorce. Conflict of Laws. See Corporations, Mar riage and Divorce. Constitutional Law. See under special topics, e.g.. Bulk Sales Laws, Government, Interstate Commerce, Jury Trial, Labor Regu lation, Monopolies, Status. Contracts. "Mutuality of Options." By R. T. Holland. 7 Michigan Law Review 484 (Apr.). Under the present current of authorities there is considerable doubt as to the validity of options. "The difficulty appears to have been that the lack of mutuality ... is more apparent than real, and that courts have sometimes been impressed more with one contractual phase of the option than the other, for an option is really a compound contract. "It would seem on principle, then, that there ought to be no doubt that the vendee in an option does acquire a chose in action, and that he ought to have not merely the right of specifically enforcing such a contract, but in the event that the vendor has placed it beyond his power to convey the lands by disposing of them to innocent third parties, that the vendee should have a right of action against the vendor for his damages, and that these damages should not be limited merely to the consideration for the option." See also Procedure. Conversion. See Measure of Damages. Conveyances. See Torrens System. Corporations. "Nature of Stockholders' In dividual Liability for Corporation Debts." By Wesley Newcomb Hohfeld. 9 Columbia Law Review 285 (Apr.). A learned and most carefully prepared article, analyzing and discussing the specific principles concerned in Risdon Iron & Loco motive Works v. Furness, L. R. (1905) 1 K. B. 304, affirmed L. R. (1906) 1 K. B. 49. "The decision involves, as of most imme

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diate interest and practical importance, a question in the conflict of laws, that is to say: According to what law should be determined the stockholders' individual liability or non liability for the debts of the corporation? . . . As a result of that discussion the fol lowing conclusions are suggested: that a cor poration is simply an association of natural persons organized and doing business under forms, methods and procedure that are sui generis; that all corporate transactions can be adequately understood and stated only in terms of the rights, powers, liberties, duties, liabilities, disabilities, etc., of the natural persons concerned; that, in the case of an ordinary 'limited liability' corporation or com pany, such as the Copper King, Limited, it is the stockholders that are really subject to the only obligations existing in favor of corpora tion creditors; that such obligations and the liabilities resulting from a breach are really 'quasi-joint' and quasi-contractual; that, so far as a California corporation is concerned, the obligation and liability are closely analo gous to the ordinary joint and several obliga tion and liability; that both the corporate (or quasi-joint) and the individual (or sev eral) obligations and liabilities of the stock holders are quasi-contractual rather than strictly contractual; that the same is true of the stockholders' obligations and liabilities arising under the laws of various other Ameri can states." Canada. "Ontario Company Law." By Thomas Mulvey, K. C. 45 Canada Law Journal 220 (Apr.). Criminology. "Alcoholism; its Causation and its Arrest." By Samuel McComb, D.D. Everybody's, v. 20, p. 533 (Apr.). "My experience leads me to believe that by a combination of medical, hygienic, psycho logical, social, moral, and religious forces, we can, in the great majority of cases, bene ficially affect the sufferer from this morbid craving." Defamation (Mercantile Agencies). "A Note on the Case of Macintosh v. Dun." By Leo. B. Cussen. 6 Commonwealth Law Re view (of Australia) 105 (Jan.-Feb.). The defendants in the case of Macintosh v. Dun, 1908 A. C. 390, were a trade protection society, which in the United States would be called a mercantile agency, and supplied con fidential information to a subscriber regard ing the standing and responsibility of the plaintiff. The jury found no improper motive on the part of the defendants, but the trial judge, on the contrary, held that the occasion was not privileged and entered a verdict for the plaintiff. Lord Macnaghten, in the Privy Council, likewise held that the occasion was not privileged, on the ground that the com munication was not fairly made in the dis charge of some public or private duty, nor warranted by any reasonable occasion or exigency. He deemed it harmful to the com munity to extend the protection of immunity