TABLE OF CONTENTS. ix RECENT CASES — Sales — C^«/;««^^. PAGE Retention of possession by vendor 224 When title passes 290 Salvage. See Admiralty and Contracts. Slaves. See Persons. Sleeping Car Co. See Carriers. Statutes. Death by wrongful act ; survival of actions 224 Statute of Frauds. Incorporation by reference 489 See Trusts. Statute of Limitations. Concealed trespass 159 Mistake 431 Vested right; constitutional law 219 "When action accrues against public office for negligence 362 See Bills and Notes and Real Property. Suretyship. Discharge of sureties 152, 489 Surety on ultra vires contract 546 Taxation. Bonds of another State subject to 435 Torts. Assault ; consent to an abortion 550 Carriers ; legal duties 224 Contributory negligence; crossing electric street car lines 490 Death by wrongful act; contributory negligence of sole beneficiary .... 290 Survival of actions 224 Deceit ; absence of intent that plaintiff should act in particular manner . . 1 59 Honest intentions 224 Inability to perform a promise 435 Negligent misrepresentations 435 Duty of manufacturer to third persons 224 Duty toward trespassers; turntable case 159 Fraudulent simulation 291, 363 Locality of offence 363 Malicious building of high fence 549 Malicious diversion of percolating water 362 Malicious interference with business 159, 363 Malicious prosecution of civil suit 551 Trusts. Breach ; bribe ; liability of trustee 490 Charities (two cases) 224 Collecting bank; confusion of trust property 218,436 Conveyance procured by fraud ; constructive trust 159 Following proceeds of fraudulent sale 225 Following trust funds into hands of agent 160 Intent to create a trust ; notice to beneficiary 363 Lack of beneficiaries 436 Rights of innocent purchaser after partial payment 547 Statute of Frauds ^1^ , 160 Vice-Principal. See Agency. Voluntary Associations. Resignation 551 Water. See Real Property. Wills. Ademption 489 Construction; estate tail ; curtesy 158 Effect of destruction of subsequent instrument 364 Effect of legatee causing death of testator 490 "Issue living"; q. en ventre sa mire 364 Revocation by codicil ; intent 160 b