Page images

scendants, but with brothers and sisters to require the defendant to elect upon living

which defense he intended to rely. Under the law of Ohio, what interest Should the motion be granted ? has the widow in these two farms?

53. Into what two classes are causes of 47. A father dies leaving real estate, action divided, and how are they tried? and having two children and a widow. 54. Plaintiff files a petition against a His debts are paid out of his personalty, defendant, properly setting forth the foland his estate is settled up.

lowing causes of action : (a) What interest has the widow in

(1) On a promissory note. this real estate?

(2) On an account for goods sold to (b) How do we designate in law the defendant. two children who own the property in (3) For damages, being the costs sustheir relation to each other?

tained by a protest of the note above (c) If either one desires to hold his named. interest in severalty, what course would (4) To recover possession of certain he take to have it set off to him?

personal property withheld by defendant 48. (a) What is an estate in fee sim- from plaintiff. ple?

What action would you take as attor(b) What is an estate in remainder?

ney for defendant? Why? (c) What is a contingent remainder? 55. Defendant pleads in an action, but 49. (a) What is the chief difference in

later wishes to take advantage of the

fact that he was not served with process. the legal effect of a warranty deed and

May he do so? a quitclaim deed?

(b) With what formalities must a 56. A party who should join as plaindeed be executed in order to pass title

tiff refuses to do so. What may the othunder the laws of Ohio?

er plaintiffs do to bring him into court? 50. (a) What is an easement ?

Negotiable Instruments (b) What is a lease? (c) If a tenant rented property, and

57. In what two important respects the latter were destroyed by fire, was the

does a negotiable instrument differ from tenant still obliged to pay rent for the one not negotiable? premises according to the common-law 58. Notes secured by mortgage conrule?

tain a clause that they, with others, are (d) What is the rule in Ohio?

secured by mortgage given by the mort

gagor to the creditor. The notes are Pleadings

signed by a third party as surety. The 51. What pleadings are allowable un

mortgage contains provisions respecting der the Code in Ohio? What is the gen

the application of payments on the notes. eral object of a demurrer? Of a motion ?

How, if at all, will the surety be af

fected by these provisions in the mort52. An action was brought upon a

gage? contract. The defendant pleaded two defenses: First, that he never entered into

59. "Columbus, Ohio, the contract; second, that there never

"November 1, 1909. was any consideration for his promise "$500.00. Ninety days after date we made in the contract. Motion was filed promise to pay to the order of John Smith Five Hundred Dollars ($500.00)

Domestic Relations at the First National Bank of Columbus.

63. (a) Name four statutory grounds Value received.

of divorce. "The White Star Flour Company,

(b) Does the law forbid a husband to "James White, Sec'y and Treas.

make any contracts with his wife which "William Jones, President."

he might lawfully make with another woAre White and Jones personally liable man? If so, what contracts ? upon the note?

64. How may a child born out of law

ful wedlock be legitimated ? 60.

"Cleveland, Ohio,
"March 21, 1903.

65. An infant makes two purchases: "$500.00. Three months after date I (1) A stock of drugs, which he squanpromise to pay to the order of Richard ders during minority; (2) an automoRoe Five Hundred Dollars ($500.00) or

bile, which he still has on arriving at age. deliver ten shares of the capital stock of

Can he disaffirm these contracts and reof the First National Bank at the option

cover back the considerations, and, if so, of the holder.

on what terms? “[Signed] John Doe.” 66. What is a common-law marriage ? Is this a good promissory note ? Why? Is such marriage valid in Ohio?

67. If one of the parties to a valid 61. Is the following a good promis- marriage becomes insane, can the marsory note? Why?

riage be annulled ? "Cleveland, Ohio, March 21, 1908. "$500.00.. Four months after date I

Equity promise to pay to the order of John Doe 68. Define equity. How would you Five Hundred Dollars ($500.00) and all determine whether a case filed in a court such sums as may be due him from me. in this state is at law or in equity ? "[Signed] Richard Roe.”

69. A., who is solvent, enters B.'s farm

and drives off a horse belonging to B., 62.

"Cleveland, Ohio,
"March 21, 1908.

who applies for a mandatory injunction

compelling A. to return his property. “$500.00. Four months after date I

What rule governing the granting of eqpromise to pay to the order of Richard

uitable relief will prevent such injunction Roe Five Hundred Dollars ($500.00)

being granted ? with interest at six per cent. “[Signed] John Doe.”

70. (a) A. and B. are sureties on a

note, which A. is compelled to pay. (a) On the back of this note, and be

What right has he against B? fore its delivery to Roe, John Denn wrote

(b) If A. and B. jointly assault C., his name. On the note's maturity and

who recovers a judgment against them, dishonor by Doe, what is Denn's liabil

which A. pays, what are A.'s rights ity ?

against B.? (b) Suppose the note had been payable to the order of the maker, and then

71. Give an example of a resulting Denn had written his name as before, and

trust. Of a constructive trust. then Doe had indorsed the note, to whom 72. A party desires to rescind his conwould Denn be liable?

tract on the ground of false representations made to him. What must he prove X. refuses to pay the regular fare and to succeed?

is ejected from the train. He brings 73. Define equity of redemption.

suit against the company. Can he re

cover? Why? After condition broken and before sale on foreclosure, who is the equitable own- 79. When, if ever, is a parent liable er of mortgaged property, the mortgagor for the tortious acts of his minor child? or mortgagee?

[blocks in formation]

74. Distinguish between a tort and 80. A. B. is indicted as an aider and a contract.

abettor of C. D., charged with having 75. What is meant by proximate committed a felony. C. D. is not apcause? Illustrate by example.

prehended, and A. B. is brought to tri.

al. Can he be convicted without first 76. A grocer leaves his delivery convicting C. D.? If no, why? If yes,

, team, as was his custom, untied in

what proof must be required ? front of his place of business. B., in passing with his automobile, frightened

81. X. and Y., charged with breakthe team and caused it to run away,

ing into a bank and rifling a safe, are and in so doing it ran into the car

both in custody of the sheriff. The riage of C. and injured his minor son.

sheriff procures a confession of X. by Against whom, if any one, can C. re

falsely stating to him that Y. had made cover for the injury?

a complete statement to him of the

whole matter. The state on the trial 77. Smith enters into possession of a

offered the confession of X. against tract of land under a verbal agreement

him. Defendant objects. What should of purchase. The timber on the prem

be the holding of the court? ises is injured by the negligence of a railroad company. Smith brings suit 82. John Doe was indicted for burgagainst the company. He proves the lary. On the trial the state proved the verbal agreement, the possession of the breaking, the entering of the building premises, and the injury to the timber. in the night season, and rested its case. Defendant moves for nonsuit. What The defendant moved for a nonsuit, should be the judgment of the court,

and the court overruled the same. and why?

Was the judgment right, and why? 78. X., of Zanesville, purchased a 83. A. was arrested, tried, and conround-trip ticket over the B. & 0. victed for a felonious assault on X., Railway to St. Louis at two-thirds of and sentenced to pay a fine of $100 and the regular fare. The ticket has a con- imprisoned in the county jail for six dition attached requiring it to be vali- months. While serving his sentence, dated and stamped at a specific office X. dies as a result of the injuries comin St. Louis before it would be accept- mitted by A. A. was indicted for maned for return passage. X. can neither slaughter. He files his plea of autre read nor write. He boards the train fois convict. Upon a hearing, the at St. Louis for his return. The con- court sustains his plea and quashes the ductor refuses to accept the ticket be- indictment. Is the judgment right? cause the same has not been validated. Why?

84. A. is put upon his trial for man- though the parties, at the time of enslaughter. Trial had, and he is found tering into the contract, consented to guilty by the jury of assault and bat- it. tery. On motion for new trial, the ver

Corporations dict of the jury was set aside and a

91. Can one corporation become a new trial granted. On the second trial

subscriber for stock in another corpohe was convicted of manslaughter.

ration in Ohio? Why? All proceedings regular, will the verdict stand? Why?

92. A stockholder dies intestate.

Who has a right to vote his stock at Contracts

a meeting of the stockholders? Give 85. Give all the essential elements of

reason for your answer. a contract for the sale of real estate,

93. A corporation duly incorporated which can be specifically enforced.

under the laws of the state of Ohio, 86. Does a contract for the sale of with an authorized capital stock of $5,real estate differ in any way from a

000, borrows from one of its stockholdcontract for the sale of personal prop- ers $6,000, which funds are used in the erty? If so, how!

furtherance of the purposes of the corIs there any difference in the meas

poration, and executes and delivers unure of damage for the breach of such to said stockholder by proper resolucontracts? If so, state what, and how tion and in due form its promissory the measure of damage is ascertained note in the amount of $6,000, bearing in each.

interest at the rate of 6 per cent. from 87. A. enters into a contract with B.

date of note. for the sale of a piece of real estate,

On maturity of note the corporaat $2,000.00. A.'s wife, who did not

tion refuses to pay.

The stockholder

For what join in the contract, refused to sign the brings suit on said note. deed. A. insists on B. taking his deed

amount he obtain judgment for the land. What are B.'s rights? against the corporation, if any? Why? And what, if any, remedy has B. under

94. A subscriber of stock of a corpothe contract? How would you write

ration is sued in an action brought by such a contract so as to protect the

the corporation to recover an unpaid purchaser, if the wife's signature could

balance due upon his share of stock. not be had to the contract?

The stockholder answers, and sets up 88. How does a renunciation of a: as a defense that the corporation was contract, by one of the parties to it, formed for purposes which were not before the time fixed for performance, authorized by law under which it was affect the rights of the other party? organized. A demurrer to the answer What is the remedy?

is filed. 89. Is there any difference in the

What should be the ruling of the rights of the buyer in executory con

court? Why? tracts of sale, and executed contracts

95. A promoter of a corporation exof sale? If so, what? State the rule.

changes his own property at an inflat90. Give five causes, any one of ed price or at a gross overvaluation which may defeat a contract, even of the property for stock of the corpo


[blocks in formation]

other book which so succinctly, clearly, and accurately states the principles of the existing international law. It is pleasant to see (page 43) still another concession that “The British proclamation of neutrality of May 14, 1861, was justified by President Lincoln's proclamation of a blockade on April 19, 1861, which announced that action against vessels permissible only in time of war would be taken by the United States."

—Dickinson Law Revier.

This is one of the best of the Hornbook Series, which already contains several excellent treatises. Of the competency of the learned author, there could be no doubt. That the work produced by him is in every way worthy of the position that he holds as lecturer and professor in several important institutions, is evident from a careful examination of it. Its style is pellucid. Though terse, it is never obscure. Treating its topic historically, it exhibits in satisfactory manner, the important modifications of international law, caused by recent conventions of the important nations. Appendices contain the Declaration of Paris; the Instructions for the Government of the Armies of the United States in the Field ; the Geneva Convention for Amelioration of the Condition of the Wounded in Armies in the Field; the Hague Conventions; and the Declaration of London of 1909. We know no


ISTRATION. By George P. Costigan,
Jr., Professor of Law in Northwest-
ern University. American Casebook
Series. West Publishing Company,

1910. P. 781. This is the latest volume of the American Casebook Series. It is believed to be the most thorough collection yet published on this subject. Much matter that finds DO

« PreviousContinue »