The first number of the second volume of the Harvard Law Review, which was issued yesterday, contains the opening part of the "History of Assumpsit," by Professor J. B. Ames. The writer treats of "Express Assumpsit" and examines the various theories which have been formed to explain the origin of the doctrine of "consideration" as a part of the law of contracts. The work is very carefully done. Mr. Schofield contributes a paper on the "Principle in Lumley vs. Gye and its Application." The article is a critical examination in its several aspects of the point decided in this noted English case, namely that the mere existence of a contract imposes upon all who know of its existence, a duty to forbear form, doing any act maliciously, for the purpose of procuring a breach of the contract. The final article is by Mr. Williston of the Law School and is upon the "Right to follow Trust Property when confused with other Property." The paper is an investigation of the doctrine that "if the trustee 'converts' money or property belonging to the trust, and mingles it with other property, the trust is gone." The usual editorial notices and lecture notes follow and the number concludes with the department "Recent Cases," in which are given the latest decisions of the courts, showing the progress and general tendencies of the law. The editors are to be congratulated for the neat appearance of the magazine and for the valuable contributions presented in its pages.
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