"No previous announcement of the character of the test had been previously made and it was evident that the word 'brief' was not in the vocabulary of several of the applicants except in its sense of brevity. the next examination, July, 1926. As soon as it has been tried, I shall be glad to advise you as to the results."-William L. Holloway, Associate Justice of Supreme Court of Montana. Research Test to Be Given in Wyoming "Our board favors the plan of research work and it will undoubtedly be adopted." William O. Wilson, member of of Law Examiners, Board Wyoming. Opinions of Judges "I believe the inclusion of such a test would be desirable. One of the important things in a legal education is to appreciate the significance of a proposition and to know where to find "The applicants at this ex- the law on the subject; and the amination were none of them ability so to do is itself an infrom law schools. All based dex of considerable advancetheir application upon study in ment toward proficiency. To an office. The examiners' marks that extent, from the superficial of the briefs ran all the way acquaintance I have with the from 10 to 95 per cent. While matter, I am quite willing to one of our rules is that we do endorse it."-Arba S. Van not pass anyone getting less Valkenburgh, Circuit Judge of than 60 per cent in any sub- United States Circuit Court of ject, we decided not to enforce Appeals, Missouri. that rule against this new test as the low grades in this test were taken by the applicants who received quite high grades line indicated a desirable part in other subjects. We did, I received copies of your Volume II of "Principles and Practice," together with accompanying problems, which you so kindly sent me a short time ago. I am very much interested in the use of these problems as I have felt that the questions in Practice can best be presented in that way. I was not satisfied with the problems which I was able to prepare in the limited time which I had and if these problems are broad enough in their scope and envolving a controversial point, they will serve me greatly in presenting the Practice course. I think your people have hit upon one of the greatest needs that exists in the available material for presenting courses in Practice. I will be very glad to write you later in the year as to the results which I am able to secure from the use of this matter. Yours very truly, Lawyer Portia at the Bar Dean Albers, of the Boston University School of Law, may be able, so far as his excellent school is concerned, to reopen the case of Shylock versus Antonio, but we shall not look for a rewriting of Shakespeare's well-known play, "The Merchant of Venice," as a consequence. In a recent address to his students, Dean Albers maintained that the celebrated plea of Portia, by which she procured the overthrow of Shylock's contract with Antonio, was sentially frivolous, and the contract itself unenforceable. es In his view Portia had no case (Signed) S. A. HARRIS. her case. was CRIME HYSTERIA AND POPULAR SANITY With that clearness of vision and analysis which has marked his utterances and writings upon other subjects, Dean Roscoe Pound, of the Harvard University Law School, has advised, in a signed statement published in the Christian Science Monitor, that in the effort now being made in the United States to deal with offenders against the law there should be a proper appreciation of those more universal human tendencies which sometimes actuate the zealous, or the overzealous, in times when the responsibilities of society appear great. He sees, quite naturally, in the present demand for the infliction of heavier penalties upon those convicted of offenses, the unavoidable reaction from an earlier demand that courts and prosecutors as well as pardon boards and executives, extend clemency, which was itself a reaction from a still severest possible punishments older public demand that the be imposed. Thus it seems that the pen Does all this prove that Portia was a bad lawyer? Evidently not, for she won Does it prove that Shakespeare had an erronious if he had been Bacon, he idea of the law? Possibly. might have known the Venetian law better. But a sensible world is well agreed dulum swings back and forth that Shakespeare not from extreme Bacon. It is also agreed that he had an exuberant and picturesque fancy. He also had a rather poor opinion of the righteousness of public justice in his own time. "What's open to justice," he said in "Measure for Measure," "that, justice seizes." "Law itself." he said, somewhat subtly, "is perfect wrong." "Plate sin lance of justice hurtless breaks." He was rather a pessimist and a mocker on Just now there is a return to the "eye -for-an-eye-andtooth-for-a-tooth" theory, for which little more can be said in defense or extenuation than for that laxness which permits wrongdoers to escape the penalties which society declares itself willing to impose. But Dr. Pound wisely calls public attention to the "I think something along the at all. It will be remembered with gold, and the strong fact that it is as vain or as of a bar examination."-Robert that the popular merchant Antonio had entered into an ineffective to apply, in the present instance, a legal or social nostrum, recommended however, use such grades in our J. Peaslee, Chief Justice of agreement with Shylock that the subject. He employed the by popular clamor, as it is to ties, I consider it absolutely debt. Shylock demanded be- ly appearing as Antonio's It is probable that the Portia judgment will have to stand. She had the sympathy of the magnificos, of the Venetian populace, and of the crowd in the court, entirely on her side when she nonsuited Shylock, and she made good use of all these elements. In the meantime a school of thought has arisen which assumes that Shakeshimself liable to prosecution peare's real sympathies were for crime and the alienation on Shylock's side. "The Merof his goods if he took so chant of Venice" has been much as one drop of blood played with Shylock as the in removing the pound of hero, not the villain, and it Antonio's flesh or took the must be admitted that it goes slightest excess or deficiency very well in that sense-that of weight. And this position, it very nicely places the onus, which set up an ingenious the ignominy, on the side of technicality, was sustained. the Jew's persecutors. That Shylock was not only estopped also depends a good deal on from taking his pound of the point of view. flesh, but was mulcted in damages. And Antonio went free. In any case, it is a great play. We shall do well to let it stand.From the Boston Transcript. administration of some SOcalled medical nostrum for the relief of all bodily ills. The need, clearly, is for a return to, or the establishment of, what might be called public sanity. By those methods which only a wise and thoughtful people are able to employ there must be a restoration of the social equilibto have rium, which seems haps by no rule that has ever been seriously disturbed. Perbeen universally applied will this balance be regained and established. The process will not be aided or in any way advanced by a lapse into that hysteria which seems to be able to distort and magnify a condition serious enough at best. When you get into a tight place and everything goes against you, till it seems as though you could not hold on a minute longer, never give up then, for that is just the place and time that the tide will turn.-Harriet Beecher Stowe. Editor's Note With our third selection of state bar examination questions for the current school year we desire to state, as emphatically as possible, as we have, done many times before, that the questions are published simply and solely to give law students opportunity for practice in analyzing and dealing with actual bar examination questions, not in an attempt to instruct in the law by any method of quizzing. The questions are not intended to serve in any shape, form, or manner as a "quizzer," and so to use them is to invite failure, not only in law school, but later before the board of bar examiners. Legitimately used to acquire facility in analyzing states of fact, and in applying thereto the fundamental principles of the law, these questions will be of great utility to the student. Illegitimately used, either to the neglect of law school work or as a means of endeavoring to learn law, they can only result in disappointment and failure. Legal Research The utility of these questions is not limited to testing the student's ability to answer them. If, after writing his tentative answers, he will search the Corpus Juris-Cyc System for verified answers independently and without depending upon the citations, a very valuable periodical training in legal research will result. Reasoning from Fundamentals At the present time nearly all bar examination papers expressly state that the examiners require that all answers from applicants be supported by legal reasoning. It is important that the student should train himself in the process of analyzing these questions to reach the fundamental principles of law involved, in order to enable him to state such principles in any given case as the reasons controlling his answer. Editor's note: References for answers are made to Corpus Juris-Cyc because bar questions are so wide in scope that all of them can be answered precisely only by a work that states all the law as established and developed by all the cases. STATE BAR EXAM (1) A executed and delivered to B a negotiable promissory note for $500. B, without the knowledge or consent of A, altered the note so it read $400. B then endorsed and sold the note to C, who took the note for value, before maturity, without notice or knowledge of the alteration. C sued A to recover on the note. A defends, pleads and proves the alteration without his consent or knowledge. Can C recover? Why? (See "Bills and Notes," 8 C. J., section 1010 et seq.; "Alteration of Instruments," 2 C J., section 4.) (2) A, a minor, executed a will on January 2, 1916. He died September 15, 1917, at the age of twenty-one years. He had never revoked the will. The executor named in the will offered it for probate. Should it be admitted? Why? (See "Wills," 40 Cyc, pp. 999, 1226.) (3) X sold and delivered to Y an uncut jewel for one dollar paid on delivery. No representations were made but both parties thought that the stone was a topaz of little value. Later it was discovered that the jewel was a diamond worth $700. X tendered back to Y the one dollar, and demanded return of the diamond. Redelivery being refused, X brought replevin. What judgment? Why? (See "Contracts," 13 C. J., section 259; "Sales," 35 Cyc, p. 61.) (4) A, a minor, by his next friend X, who was A's father, recovered a judgment for $1,000 against the Y Company. The Y Company paid the $1,000 to X as next friend. A was living with X at the time, and the money was expended for A's food, clothing and education. After the payment had been made, B was appointed guardian of A and sued the Y Company in debt on the judgment. Is the payment to X a good defense? Why? (See "Infants," 31 C. J., section 370.) (5) A was indicted, charged with stealing a horse. At the trial before a jury, A became a witness on his own behalf. The State's Attorney, for the purpose of discrediting him as a witness, asked A, "Is it true that you have been in the penitentiary?" To which question counsel for defendant objected that the question was incompetent. What should be the decision of the court? Why? (See Why? (See "Witnesses," 40 Cyc, p. 2622.) (6) A, B and C agree that A and B will form and conduct a partnership business and that C will become a partner in 2 years. C agrees to lend the WITH REFERENCES FOR E firm $5,000 and take 10 per cent of the profits i (7) What must be proved before the de tions of persons can be admitted to prove pedi State the rule. (See "Evidence," 22 C. J., se 226 et seq.) (8) A executed a will in 1910. In 1915 he cuted another will in which he revoked all fo ing it, and died shortly afterwards without wills. In 1916 he destroyed the 1915 will by cuting any later will. Should the 1910 will be mitted to probate? Why? (See "Wills," 40 p. 1212 et seq.) (9) X was the general manager of Y, who the lessee of a theatre. By reason of X's rel with Y, as his agent, he knew that the bus was profitable and also that Y was anxious t new the lease, which was about to expire. X, out Y's knowledge, secretly procured a leas himself from the owner, the term to begin at expiration of the present lease. Bill in equit Y to have X declared a trustee for the benef Y. What decree? Why? (See "Agency," 20 section 356 et seq.) (10) A warranted a horse sound. The b would be worth $200 if the warranty were true sold the horse to B for $400. The horse is su quently found unsound and only worth $100, warranty being false. B retained the horse and A for breach of warranty. What is the mea of damages? Why? (See "Sales," 35 Cyc, p. et seq.) (11) A renter of a safety vault box, while in safety vault department of a bank for the purpos using his own box therein, found an unregistered erty bond on a desk in a private booth of the c ment, the room being one to which only pat of the department were admitted, being desig for privacy of the patrons in using their boxes. owner of the bond was unknown. As between finder and the bank, who was entitled to posses of the bond? Why? (See "Finding Lost Goo 25 C. J., section 5 et seq.) Scope of Questions Considerations of space prohibit our printing more than twenty or thirty questions in stated above, the object of tant. The main point is to ter of his approaching test, our "First Book of Bar Ques an issue. Of course, within this department is not to af- give enough questions to be and may acquire capacity to tions," comprising five hun such limits it is impossible to ford a quizzer, and the fact representative of the various analyze and deal with such dred state bar questions, with cover any considerable part that only a small proportion state bar examinations, that questions. Those interested references to the Corpus of the fundamental principles of legal principles can be the earnest student may be in a more inclusive selection Juris-Cyc System for accurate of the law. However, as touched upon is not impor- familiarized with the charac- of questions are referred to answers and all the cases ATION QUESTIONS AND ACCURATE ANSWERS 12) A, while driving along a highway in his unlicensed automobile, exercising ordinary are, was seriously injured by a defect in the highy of which the town had notice in ample time to ave repaired it and to have made the highway asonably safe for travel. He sues the town for amages and the latter set up as a defense that he as operating and riding in an automobile for which had not taken out a license. On the trial it was ablished that A had neither applied for nor obned a license for his car as required by statute. he entitled to recover? (See "Negligence," 29 c, p. 525.) (13) By the terms of a land contract the vendor nveyed the lands therein described to vendees scribed as "John Brown and Lillian Brown, his e." Thereupon John Brown died. What interdoes Lillian Brown, the widow, take in the lands er the death of her husband, John Brown? (See Husband and Wife," 30 C. J., sections 97-105.) 14) A entered into an oral contract of employent with B & Company for his services from Febary 1, 1921, to September 30, 1922, upon a salary yable monthly and upon performing the said confact of employment A was to receive, in addition his salary, a conveyance of three acres of land Worth $200 an acre. A continued his employment the end of the term, and on October 1, 1922, deFinded a deed of the land. The land was sold by & Company shortly after the 1st of August, 1922, $600. A brought an action against B & Comany on the contract for the value of the land. ecide the case? (See "Erauds, Statute of," 27 J., sections 112, 216.) 15) B signed a contract for 100 shares of stock a duly organized corporation. Several other peralso signed the contract for different amounts. contract was as follows: "We, the undersigned, hereby promise and agree to take the number of shares set oppoe our respective names in the capital stock the M Land Company, a corporation organzed under the laws of Wisconsin, and to pay or same on demand a sum equal to one hunred dollars ($100) a share." he contract was presented to and accepted by the orporation, and a call made upon the signers for yment. B and several others neglected payment, hereupon an action was brought by the corporaon against B for the amount of his liability. B's ense was non-joinder of parties: He contended at the contract was a joint obligation and he could Our "First Book of Bar Questions," comprising in all five hundred state bar examination questions, is now ready for shipment, price $2.00. All questions are keyed to answers in Corpus Juris-Cyc and to the cases in point from your own state jurisdiction through Corpus Juris-Cyc. not be sued alone. How should the case be decided? (See "Corporations," 14 C. J., sections 807, 1008.) (16) What is a novation and in what way may it take place? (See "Novation," 29 Cyc. p. 1129 et seq.) (17) In an action upon a forfeited bail bond. against the principal and sureties the sureties pleaded that the bond was extorted from them by the illegal imprisonment of the principal, setting forth the facts constituting the illegality of the imprisonment of the principal, and that the bond was given to procure his release. Demurrer. What judg ment. (See "Bail," 6 C. J., section 340, text and note 58.) (18) A sues B. On the trial A's attorney asks C, a witness for B, as to the whereabouts of a letter written to B by A. C answers that he does not know where it is. A's attorney thereupon attempts to produce parole evidence of the contents of the letter. Is the evidence admissible? (See "Evidence," 22 C. J., section 1344.) (19) A railroad company, in constructing its road across a natural watercourse, supplied a culvert supposed to be of sufficient size to furnish a proper outlet for the water ordinarily flowing, and, for several years after its construction did supply an outlet for such floods as occurred; but in the month of June, four years later, a very heavy flood occurred, and by reason of lack of capacity in the culvert in the railroad grade, the water was held back, backing it up onto A's farm, where the water was raised so high as to drown fifty hogs, flood a large area of standing grain and hay, and also destroy shade trees and damage his buildings. What are the rights of the parties? (See "Railroads," 33 Cyc, p. 326 et seq.) (20) A postal clerk in the employ of the United States was severely injured by derailment of the car in which he was traveling, and as a result was unable to work for a period of some months. The government continued to pay A his regular salary during his disability. A brings suit against the carrier to recover damages for injuries sustained, and also claims damages for loss of time from his employment. The defendant offers to show, in mitigation of damages, that A has received his regular salary during his disability. Should the evidence. be admitted? (See "Damages," 17 C. J., section 106, text and note 98 [a].) each applicant's capacity to reason from fundamentals to correct specific legal conclusions. The question which merely states facts obviously is better adapted to this end, inasmuch as it requires analysis to reach through the controlling facts to the controlling legal principle. General Principles It will be useful for the student, after analyzing each question, and attempting to discover for himself just what fundamental principle of the law is involved in the facts, to turn to "Outlines for Review" and see what the fundamental principle is, then to turn to the Corpus Juris-Cyc citation for the specific application of such fundamental principles. If this is done habitually, the process cannot but fortify the student's powers of legal reasoning. Conclusion We strongly urge each one of our readers to make full use of these bar examination questions by reading them as we have suggested in this issue and prior issues, and by always endeavoring to reach the correct specific legal conclusion by a process of reasoning from the fundamental principle of the law-thus developing capacity to satisfy bar examiners on the point which they are most sedulous to test. These questions stand unchanged as they came to us. We have made no effort either to choose simple ones or ones very complex and involved, but rather have sought to produce a group truly representative of, if somewhat shorter than, the average bar examination. It is our opinion that we have succeeded in this- no very difficult task-and it is most certainly true that any student who can answer the greater part of these questions in respectable fashion, giving sound reasons for his views of the law on the points involved, should experience no trouble in passing any average bar examination. The questions here given of course do not involve all the main principles of the common law, but they are wide enough in scope to justify the inference that one capable of answer ing them is also capable of answering others of like character but illustrating other legal principles. AN ASTUTE DEFENDANT Sir Henry Hawkins (Baron Brampton) has the following delightful reminiscence of his first lesson in advocacy: At the Hertford Petty Sessional Division, the chairman was one Mr. Hull, a somewhat pompous clergyman, but very devoted to his duties. He was strict in his application of the law when he knew it, but it was fortunate for some delinquents, although unfortunate for others, that he did not always possess sufficient knowledge to act independently of his clerk's opinion, while the clerk's opinion did not always depend upon his knowledge of law. An impudent vagabond was brought up before this clergyman charged with a violent and unprovoked assault on a man in a public-house. He was said to have gone into the room where the prosecutor was, and to have taken up his jug of ale and appropriated the contents to his own use without the owner's consent. The prosecutor, annoyed at the outrage, rose, and was immediately knocked down by the interloper, and in falling, cut his head. the proof of which statement is, sir, that there's the cut o' that jug on his forehead plainly visible for anybody to see at this present moment. Now, sir, what next? for there's summat else. "Jack,' says I, 'I'll summon you for this assault.' 'Yes,' he says, 'and so'll I; I'll have ee afore his Worship Mr. Knox.' "Afore his Worship Mr. Knox?' says I. 'And why not afore his Worship the Rev. Mr. Hull? He's the gentleman for my money-a real gentleman as'll hear reason, and do justice at atween man and man.' oath that I ain't going to re"What!' says Jack, with an peat afore a clergyman-'what!' he says, 'a d-d old dromedary like that!' "Dromedary, sir,' meaning your worship! Did anybody ever hear such wile words against a clergyman, let alone a magistrate, sir? And he then has the cheek to come here and ask you to believe him. 'Old dromedary!' says he 'a d-d old dromedary." Mr. Hull, the reverend chairman, was naturally very indignant; not that he minded on his own account, as he said-that was of no consequence-but a man who could use such foul language was not to be believed on his oath. He therefore dismissed the summons, and ordered the prosecutor to pay the costs. [From "The Bombay Law "There was to my untutored mind," says Sir Henry, "no defense, but the accused was a man of remarkable cunning and not a little ingenuity. He knew the magistrate well, and his special weakness, which was vanity. By his knowledge the man completely outwitted his adversary, and shifted the charge from himself on to the The judges of the Supreme prosecutor's shoulders. The Court of Illinois have been curious thing was he cross-ex-presiding at an examination of amined the reverend chairman students for admission to the instead of the witness, which I bar, and Mrs. Bradwell has thought a master-stroke of pol- published a pamphlet in which icy, if not advocacy." the questions and answers are The Good Old Days "No,' he says, 'there's no more; it's all gone.' ""Stop a bit,' says I; 'that wun't do, nuther.' Q. Would an estate for a thousand years be a freehold or less than a freehold? A. You cannot give an estate for one thousand years; ""That wun't do?' he says. nine hundred and ninety-nine 'Wool that do?' and he ups years you may give, and that with the jug and hits me a would be less than a freehold. smack in the mouth, and down Q. How are corporations I goes clean on the floor; he dissolved? then falls atop on me and right on the pot he held in his hand, which broke with his fall, bein a earthern ware jug, and cuts his head, and 'Sarve him right, I hopes your honor'll say; and A. They were dissolved in various ways; sometimes by their own limitation, sometimes by the death of a party, sometimes by act of Parliament, and sometimes by the happening of Title-page of the old French edition (A. D. 1575) of Justinian's Code, part of the ancient Corpus-Juris (see also page 15). events, I believe. They were dissolved also by the termination of the event by which they were created. Q. Would there be no means by which they could be es-, topped? A. Yes, sir. ministry and the election of a new Parliament in case there is a conflict between the House of Commons and the king? A. When an act has passed through Parliament it is supposed to have received the assent of the reigning sovereign. When it is not assented to in this manner, it causes a dissolution. Q. How many courts of record are described as existing in England? A. At first there was only one court in the feudary; then, afterwards, there were several courts,--the Courts of Chancery, Assize, and Courts of Quarter Sessions. Q. How does Blackstone describe the matter of the respon- Q. What are known as the sibility of a minister to the four superior courts? House of Commons, and the A. The Court of Exchequer, necessity of the removal of a the Court of Assize, the Court of Appeals, and the Court of Chancery. Q. Can you state what they are, Mr. Randall? A. I do not believe I can. There are nine different courts. Q. I asked for the four superior courts. A. Nisi Prius, I think, is one, the Court of Common Law, Court of Criminal Law, and Court of Chancery. A. The Courts of Assize, Nisi Prius, Ecclesiastical, and Chancery. Q. What is the name of an intermediate court between the King's Bench, Common Pleas or either of the superior courts, to the House of Lords? A. I think the Courts of Exchequer and Nisi Prius. [From the "American Law Review," 1874-75] Bar Examinations "In reply to your letter in ref- in a correct application of rence to incorporating a re- these principles as it is in a earch test in the bar examina- correct understanding of of students for admission them. I believe the law stuthe bar, and enclosing a re- dent should come to the bar with a clear idea of where for them. Moot Court, the CASES OF INTEREST on Brief Notes of Recent Decisions Bills and Notes-Indorser-Signature Supposedly Blank Paper. After refusing to indorse a promissory note Two important changes have as an accommodation for S, defendant, on request of S, Rev. Edward J. Whelan, S.J., paper, in order (as defendant was told) that letters might be taken place in the faculty. signed his name on what appeared to be a blank piece of an alumnus of the College, addressed correctly. In truth the seemingly blank paper Class of 1908, is now President, was the back of a promissory note executed by S in favor and Rev. Charles F. Carroll, of plaintiff. The note with this indorsement was accepted S.J., is administrative head of in good faith and for value by plaintiff. In an action to the Law Department. Hon. recover on the note defendant denied execution. Held, that Matt I. Sullivan, past Chief defendant, "by carelessly indorsing the note, put it in the Justice of the Supreme Court power of S to deliver the note to the bank, and thereby of California, continues in the secure an extension," etc., became liable to plaintiff. Hardy office of Dean. Elmer Barv. Ouachita National Bank, 165 Ark. 532. ricklo, '26, succeeds Val Hammack, '25, as President of the Ignatius College. t of Judge Chas. I. Button the Vermont state bar exminers, I desire to say that in cases may be found illustratopinion a test fairly made ing the application of rules of the student's ability along law to the facts of life. In the line suggested, would be order to assist the courts to ery desirable. Such a test the fullest, he must find and ould have to be made under cite such illustrative authorith supervision as would pre- ties. He should come from ent the student getting outside the law school impressed with assistance. I think the examrations should be made more the necessity, not only of ractical by requiring certain knowing the law, but of Associated Student Body of St. cided cases involving the question of tort liability of hospitals work of a practical nature to knowing where to find it. He e done, such as drawing plead- may state to the court his gs, judgments and decrees, conclusions as to the correct and making briefs, as a part principle of law, and the way the examination. I think it should be applied; he may however, be correct in both, and yet be of comparatively little assistance unless he be able to reinforce his conclusions by reference to judicial precedents. In the Appellate Courts, reasons must ordinarily be assigned for the conclusions reached and consequently illuminating precedents from the reported cases are deemed useful and necessary." the examination, hould also search the student's general knowledge of legal principles. I am further of the pinion that all students seekng to enter the profession should be required to stand a practical examination before a proper board, and that no college degree, either of literature or of law, should be made condition precedent to takng such examination. vote SVEINBJORN JOHNSON, Legal Education in as In Missouri, as Missouri has "the lowest a The argument in Missouri teem. Charitable Hospitals-Tort Liability. In two recently demaintained by charitable trusts it was held, that there was no liability to patients for injuries resulting from the careless conduct of hospital employees. While the same result has been reached in numerous cases, it is noteworthy that the courts have expressed widely divergent reasons for so holding. Phillips v. Buffalo General Hospital, 239 N. Y. 188; D'Amato v. Orange Memorial Hospital, 127 Atl. 340 (N. J.). Conflict of Laws-What Law Governs the Measure of Damages for Breach of Contract. The plaintiff, of Georgia, contracted to sell sugar to the defendant, of North Carolina, and the defendant contracted to purchase. The defendant breached the contract. The contract was to be performed in Georgia. The case was tried before the federal district court of the western district of North Carolina. The judgment was given for the plaintiff, and the damages were measured by the law of Georgia. Held, where a contract of sale between parties in different states was to be performed in one of the states, the law of that state governed as to the measure of damages for its breach. Randolph Grocery Co. v. Lamborn et al, 3 Fed. (2nd) 139. Contracts-Validity of Arbitration Agreement. In an action for breach of contract to deliver beans, the defendant moved for a non-suit on the ground that the parties had bound themselves to submit the question of breach to arbitration. The plaintiff was thereupon non-suited. Held, that the agreement to arbitrate was a valid bar to any action until an award had been made. Ezell v. Rocky Mountain Bean and Elevator Co., 232 Pac. 680 (Colo.). Bills and Notes-"Real Party in Interest"-Indorsee for Collection. In an action on promissory notes indorsed in blank, defendant answered that the notes were left with was a mere agent of payee, and not entitled to sue thereon. plaintiff solely for the purposes of collection, that plaintiff. Held, that with the owner's consent the holder of notes left McDonald v. Mulkey, 231 Pac. 662 (Wyo.). for collection may sue thereon as the "real party in interest." "In my opinion students ought or course, young |