Page images
PDF
EPUB

Trade Mark.

By a recent decision of the Court of Civil Appcals of Texas,. a provision on a telegraph message that the company shall be

liablc only for the cost of transmission, unless the Telegraph Companies message is rcpcated, is waived if the sender, some time after sending the message, suggests to the agent that it be repeated, and the agent says that this would be useless, as thc.message had gonc through "all right:" West. Union Tel. Co.z: Recves, 27 S. W. Rep. 318; but thc Appellatc Court of Indiana holds that a telegraph company is not liablc to a penalty for failure to transmit messages impartially, when it inadvertently receives a message for transmission to a point at which it has no office: Peterson v. West. Union Tel. Co., 37 V. E. Rep. 810.

The Privy Council of England has lately rendered an interesting trade-mark decision, on appeal from New South Wales,

in Natl. Starch Msg. Co. i'. Munn's Pat. Maizena

& Starch Co. (1894) App. Cas. 275. The appellants had invented the word " Maizena" for their product in 1856, but had never registered it in the colony until 1889, although they had registered it and cnforced it in other countries, and had allowed it to be used as a term descriptive of the gencral article rather than of their own manufacture. It was accordingly held that the word had become publici juris, and could not be registered as a trade-mark; and further, that as the respondents, in applying the word to their own manufacture, did not try to pass it off as that of the appellants, by the use of labels and packets calculated to deceive the public on that point, but on the contrary stated the name of the maker, the place of manufacture, and other necessary particulars, they would not be restrained from using it.

The Supreme Court of Kansas has ruled that when a vendor sells and delivers goods at prices and on terms of Vendor and payment definitely fixed by the contract, but re

tains the right to elect to take back the goods remaining unsold by the vendec, as the property of the vendor, the latter is not the owner of the goods until after the actual cxercise of such election, and creditors of the vendee, who.

Vendee

[ocr errors]

attach those goods prior to any clection by the vendor, acquire a valid lien thercon: Moline Plow Co. v. Rodgers, 37 Pac. Rep. 111, But according to the Court of Errors and Appeals of New Jersey, when goods arc sold on the terms that the vendce shall give notes for the purchase price, but that the titlc shall remain in the vendor until a mortgage given to sccure the notes or the price is paid, and no rights of innocent third parties intervenc, the title continues in the vendor, though he recovers judgment on the notes, and after such judgment he may reclaim the goods by replevin : Campbell Print. Press. & Msg. Co. v. Rockaway Publ. Co., 29 Atl. Rep. 681.

The Supreme Court of New Hampshire holds that specific bequests to named legatees, to take effect at the death of

testator's wife, vest at the death of testator: Hall

v. Wiggin, 29 Atl. Rep. 671; and the Supreme Court of Pennsylvania has decided that if no trustees are appointed, a proviso that an absolute bequest of a life estate shall not be liable to the debts of the donec will not protect it from sale by creditors (which is a most wisc limitation of the doctrine of spendthrift trusts): Ehrisman v. Scner, 29 Atl. Rep. 719; and that the word “between" in reference to two. classes of devisees will make a distribution per stirpes, and not per capita, in spite of the frequent confusion of that word with the word "among:" Ihrie's Est. (Levy's App.), 29 Ad. Rep. 750.

(A11 legal works recived before the first or the month will be reviewed in the jstro the month followink. Bouks should be sent to W. S. Ellis, Esq. 735 Drexel Busliling, l'hiladelphia, l'a.) Digist Of ISSURANCE. Cases, for the year ending October 31, 1893.

By Jous Fisch. Imianapolis : The Rough. Votes Co., 1893. CASES Os CONSTITUTIOXAI, LAW, with Notes. Part II. By JAMES

BRADLEY TILLER, LL.D. Cairbriilge : Charles W. Sever, 1894. AMERICAN RAILROAD AND CORPORATION REPORTS, being a Collection

of the Decisions of the Courts of Last Resort in the United
States pertaining !o the Law of Railrowls, l'rivnte and Musicipal
Corpuriitions, including the J.: w of Insurance, Hanking. Corriers,
Telegrapile and Telephone Companies, Building and lonn Associa.
Ljosls, etc, Idited and annoited by Jolx IXWIS. Vol. VII.

Chicago: 1. B. Myers & Co., 1893.
Tur. LW Of I'r..ADING UNDI!K TIE CODES ON: Civil. I'ROCEDURE.

By Brwis 1:. BRYANT. Boston: Little, Brown & Co., 1894. A TRHATISE: Ox Disi'uTI:n HANDWRITING AND TIK DETERMINATION

op (ESUINI: FROM BORCED SIGNATURES, THE CILARACTER AND COMIOSITIOS or Isks, ETC. By WILLIAM E. Hagan, Expert in

llandwriting. New l'ork : Banks & Brothers, 1894. THE HISTORICAL DEVELOPMEsT OF THE JURY SYSTEM. By MAXIMUS

A. LESSER, A.M., LL.B., of the New York Bar. Rochester, N. Y.:

The Lawyers' Co-operative Publishing Co., 1894. THE LAW OF THE MASTER'S LIABILITY FOR INJURIES TO SERVANT.

By W. F. BALITY. St. Paul, Minn.: West Publishing Co. RESTRICTIONS urox J.OCAL AND SPECIAL LEGISLATION IN STATE Cox.

STITUTIONS. By CHARLES CHAUNCEY Bisney, of the Philadelphia

Bar. Philadelphia : Kay & Brother, 1894. AN ILLUSTRATED DictIONARY OF MEDICAL Bior.OGY AND ALLIED

SCIENCES. By GEORGE M. GOULD, A.M., M.D. Boston: Little,

Brown & Co. A LEGAL DOCUMENT OF BABYLONIA. By MORRIS JASTRON, Ph.D.

From the “Oriental Studies" of the Oriental Club of Philadelphia.

1894. OUTLINE Study or LAW. By Isaac FRANKLIN RUSSELL, D.C.L.,

LL.D. New York : 1. K. Strouse & Co., 1894. THE NATURE OF THE STATE. Ry DR. PAUL CARUS. Chicago : The

Open Court Publishing Co., 1894. Tur FOREIGN JURISDICTION OF THE BRITISH Crowx. By W. E. HALL

M. A. Macmillan & Co. : New York, 1894.
PRECEDENTS AND FORMS OF INDICTUESTS, INFORMATION, COMPLAINTS,

ETC., I; T., ADAITED TO PRACTICE IN UNITED STATES CRIMINAL
AND CIVIL Cases. Together with Forms and Instructions pertaining
to tlic accounts and sees of l. S. Attorneys and Commissioners. By
OLIV PR E. PAGIX, Asst. U. S. Attorncy for N. D. of Illinois Chi.

cago: Callaghan & Co., 1894. We have also received the following pamphlets, etc. : JEWETT'S MANUAL FOR ELECTION OFFICERS AND VOTERS IN THE

STITI OF NEW YORK, containing General Election Law and Town
Meeting Law. With Notcs, Forms and Instructions. Matthew

Bender, Albany, N. Y. l'ASDEGRIIT's Hand-ROOK OF THE UNITED STATES TARIFF, containing

the Custoın Tariff Act of 1894, ctc. F. B. Vandegrift & Co., New

York.
REPORT OF Turf FIRST ANNUAL MEETING OF THE TERRITORIAL BAR

ASSOCIATION OF UTAH. 1894.
676

TREATIES AND Topics is AMERICAN DIPLOMACY. By FREE

MAS Sxow, Ph.D., LL.B. The Boston Book Company. 1894.

For several years past the subject of the maintenance of peaceful relations between the leading nations of the world has received an unusual degree of attention. The niost important of the resolutions adopted by the Pan-American Congress, which mct in Washington in 1889, was that which favored the establishment of a system of international arbitrations which should settle all future disputes between ourselves and the republics of South America. A resolution has recently been introduced into Congress looking toward the introduction of a similar system as regards Great Britain. The highly satisface tory outcome of the Behring Sea Arbitrations has contributed much toward the substitution of a judicial procedure in the adjustment of international differences for the old-fashioned arbitrament of the sword. There never was a time when greater interest was taken in the subject of international relations than at present. It is, therefore, with especial interest that we make mention in these columns of the above-cntitled work by Dr. FREEMAS Snow, who has for many years occupied the chair of International Law at Harvard University. Although compiled primarily for the usc of his classes in that institution, and of students of the same subject in other colleges, Dr. Ssow has here given us a work which is likely to prove of the greatest value, not only to those who are interested in studying the history of our times, but also to those members of our bar who, in the practice of their profession, are called upon to deal with questions affecting international rights and the interpretation and enforcement of the provisions of the numerous treaties into which our Government has entered.

The first half of this volume, denominated Part I. contains the full text of the most important treaties which have been

made cither by our government with foreign powers, or between disserent foreign powers, with respect to the rights of this country, beginning with the Treaty of Utrecht between England and France in the year 1713, and ending with the convention for the settlement of the Behring Sca controversy in 1892 . Among the trcatics included by Dr. Snow in this collection mily be mentioned the Treatics of Alliance and of Amity and Commerce, negotiated by Dr. Franklin with the French Govcrnment in 1778; the Treaty of Pcace, negotiated with Great Britain in 1783; the Jay Treaty of 1794; the Treaty for the Cession of Louisiana of 1803, and the numerous trcatjes relating to the Canadian fishcrics. This volunie includes cither the full text of, or large extracts from, treaties made at various times by our government with nearly every civilized nation.

Part II of Dr. Snow's book is entitled "Topics in American Diplomacy," and contains a scrics of three carefully written essays upon the subjects of “ The Monroe Doctrine," "The Fisheries Question," and " Thc Bchring Sca Arbitration.' Under the first of these threc heads he discusses the origin and history of the Monroe doctrine, and points out how it has excrted an influence in bringing about general congresses and international conferences of the various nations of North and South America—such, for instance, as the Panama Congress of 1826, the Congress of Lima of 1847, and the Pan-American Congress of 1889, of which the late Mr. Blainc, who was then our Secretary of Statc, was president. Dr. Snow also discusses the effect of the Monroc doctrinc, at different periods of our history, upon our relations with Cuba, San Domingo, Samoa and thc Hawaiian Islands.

His concluding essays upon “The Fisheries Question" and “Thc Behring Sca Arbitration" contain a succinct account of the manner in which the important questions involved in those famous controversics arose, became the subject of extensive negotiations, and were finally determined, in the one case, by a scries of treatics, in the other by the adjudications of an impar. tial international tribunal.

It is not too much to say that this volume fills a place and

« PreviousContinue »