Harvard Law Review (Volume 6) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: to some party to the paper other than the holder, has been held to take the bill or note out of the Statute. In Clark v. Hooper, 10 Bing. 480, Chief Justice Tindal said that the effect of part payment to third persons (by reason of obligor's mistake as to who was his creditor), was as much an acknowledgment of the debt as if the debtor had written a letter saying that he would pay any one who could prove himself the rightful payee. Civil Service Examinations ? Professional Experts. ? The board of visiting physicians of a hospital are professional experts, and not employees, and are not, therefore, within the scope of a law requiring the latter to submit to competitive examination prior to appointment. Commonwealth v. Fetter, 23 Atl. Rep. 568 (Pa.). Constitutional Law ? Fourteenth Amendment ? Covenant Prejudicial To Chinese. ? A covenant in a deed not to convey or lease land to a Chinaman is void, as contrary to the public policy of the Government, in contravention of its treaty with China, and in violation of the Fourteenth Amendment of the Constitution, and is not enforceable in equity. Gandolfo v. ffartman, 49 Fed. Rep. i8i,(Cal.). That such a contract is contrary to the principles of the Constitution and to sound public policy, and that it should not be enforced by a court of equity, may be admitted. But while recognizing the correctness of the decision, we cannot accede to the reasoning of the learned judge. He considers this a violation of the Fourteenth Amendment, and says: " Any result inhibited by the Constitution can no more be accomplished by contract of individual citizens than by legislation, and the courts should no more enforce the one than the other.'1 We cannot agree that the Fourteenth Amendment was aimed at individuals. See Civil Rights Cases, 109 U. S. ...