Page:The Green Bag (1889–1914), Volume 13.pdf/127

The two best known early works of this class are law of insurance as applied to fire, life, acci Park on Marine Insurance (1787), and Marshall dent, guarantee, and other non-maritime risks." on Insurance (1802), which deal with marine Within the limits set, the author worked very questions almost exclusively, and, by reason of conscientiously. The original text painstak giving the only accessible reports of some early- ingly states the law in a readable form, giving cases, still continue to be of considerable practi the reasons, and seldom degenerating into a cal use. Until the middle of the nineteenth mere abstract of decisions. century, there were occasionally new editions of The editorial additions, with welcome excep Park and Marshall. For many years, however, tions here and there, rather tend toward making Arnoulcl on Marine Insurance (1848), which is the book a digest, as is almost inevitable when still kept alive by thorough revision, has been an editor is employed to bring a work down to beyond comparison the chief English authority. date. The editor's text and notes contain a The English books on fire and life insurance substantial number of slips. Thus on page 14, are of distinctly less importance. Indeed, in he cites Sun Insurance Office v. Merz, from the England, marine insurance is so much the most Supreme Court of New Jersey, although the important branch, that on fire and life questions decision had already been reversed by the Court the American lawyer finds little of value in Eng of Errors, as reported in a number of the Atlan tic Reporter cited in the same note. In many lish decisions and treatises. In America the history of bookmaking has instances — among others, pages 16, 28, 77, been different. Upon marine questions there loi, 116, 117, 128,— he has failed to add the are three American works of high authority official references for cases which the author both in America and in England. It is proba was compelled to cite from periodicals exclu ble that they are cited more often abroad than sively. Although the editor has printed the at home. They are Phillips on Insurance (1823), Massachusetts standard form of fire policy, he Duer on Marine Insurance (1845), anc^ Parsons has not given the New York form, which is in on Marine Insurance (1868). Phillips deals vastly greater use. There seems to be a doc with all kinds of insurance to some extent; trine of chances by which in every piece of and came to a fifth edition in 1867. Duer and literary work some slips are bound to occur. Parsons deal with marine insurance exclusively, THE LAW AND PRACTICE IN BANKRUPTCY UNDER and have never reached a second edition. THE NATIONAL BANKRUPTCY ACT OF 1898. The fate encountered by Duer and Parsons harmonizes with the easily ascertained fact that By Wm. Miller Collier. Third edition, re since about the middle of the nineteenth cen vised and enlarged by James W. Eaton. tury American courts have had comparatively Albany, N. Y. Matthew Bender. 1900. little to do with marine questions. The vast The first edition of this valuable work, follow bulk of insurance litigation involves fire, life, ing, as it did, hard upon the heels of the pas accident, and the beneficial orders. Few Amer sage of the Act itself, gave evidence, naturally ican lawyers participate in a marine insurance enough, of haste in preparation, though in plan case in the course of even the longest lifetime and substance it was very welcome to practising at the bar. This is unfortunate. All kinds of attorneys, to many of whom bankruptcy under insurance are related, and no kind can be mas United States law was an entirely new field. tered by itself. Marine insurance is the oldest In the third edition, which appears after the of all the branches and the one most thoroughly Act has been in operation two and one half developed. It is the natural gateway to the years, the general plan of the earlier editions whole law of insurance; but the American has lent itself admirably to an exceedingly use lawyer of these days insists upon climbing in ful and comprehensive presentation of the de by some other way. . Publishers and authors cisions of the courts under the new law. In must be expected to satisfy the demand. addition to the text of the law of 1867, there May on Insurance obviously aims to meet have been inserted the text of the present act as a whole, with an index, and the laws of 1800 exactly the narrow view of our American law yers. As the title-page says, it treats of " the and 1841.