age to the plaintiff, this was not an action of libel, but was “rather in the nature of an action on the case for maliciously injuring a person in respect of his estate;” and being an action for injury to the plaintiff’s property, the right of action survived his death and continued to his personal representatives.
In the somewhat analogous case of Oakey v. Dalton,[1] an action for the infringement of a trade-mark, it was held that the injury complained of, being an injury not to the deceased plaintiff personally, but to his property in the trade-mark, the maxim Actio personalis moritur cum persona did not apply, and the right of action passed to the deceased plaintiff’s personal representatives as part of the personal estate.
In the following extracts we present the substance of the recent circular issued by the Council of the Harvard Law School Association:—
“Since the publication of the last circular, in April, 1887, the number of members has increased from 558 to 653. During the year 1886–87 six members have died and three have resigned, making the present membership of the Association 644.
“The Council finds the most valuable and gratifying evidence of the good work done by the Association during the past year, in the increase of the number of students in the Harvard Law School at the opening of the present academic year. The Faculty of the Law School attribute this increase of students in no small degree to the influence of the Association, and the Harvard Law Review of October, 1887, adds its testimony to this gratifying fact. . . . At a meeting of the Council, held November 19, 1887, a committee on the Harvard Law School, for which provision is made in the Constitution, was elected. The following gentlemen comprise this committee for the academic year of 1887–88: Abbott Lawrence Lowell, LL.B., ’80, Chairman; Louis D. Brandeis, LL.B., ’77; Winthrop H. Wade, LL.B., ’84.
“The Council also voted to hold the next Annual Meeting and Dinner of the Association on Tuesday, June 26, 1888, the day before Commencement, at Cambridge. There will be an oration and addresses by eminent lawyers, and the Council will spare no efforts to make this meeting even more successful than the first. . . .
“The Council is anxious to increase still further the membership of the Association. With a list of one thousand members, which is the least the Association ought to contain, there would be a surplus in the Treasury each year, derived from the annual dues alone, which could be most usefully and effectively expended in promoting the objects of the Association.
“All persons receiving this circular are eamestly invited to join the Association, and can do so by sending their names and addresses to the Treasurer, Winthrop H. Wade, Esq., 10 Tremont street, Boston, Mass., and the sum of two dollars in payment of the initiation fee ($1) and the annual due ($1) for 1888.
“The Treasurer has on hand about 250 copies of the Memorial Pamphlet, published by the Association, which he will send to new members as their names are received. This pamphlet contains a full account of the organization and first general meeting of the Association, at
- ↑ 35 Ch. D. 700.