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cepted to the statement of the court when the court replied :
“That there was not a man on the jury that did not know what the judgment of the lower court was, and there is no use in your trying to keep it from them."
The court, however, instructed the jury not to consider the objectionable remarks of plaintiff's counsel.
(1) Is there anything objectionable in the remarks of plaintiff's counsel as stated above, or erroneous and prejudicial in the remarks of the court that would affect the judgment?
(2) If there is anything objectionable in either the remarks of plaintiff's counsel, or of the court, was it cured by the instruction given as above stated, by the court to the jury?
ruled, and judgment was rendered in de fendant's favor. Plaintiff appeals.
(1) What should be the decision?
(2) Did plaintiff forfeit the right, if at any time he had such right, to collect the full amount of his salary as fixed by the board of supervisors by entering into a contract with the sheriff to serve as deputy for the sum of $200 per year?
16. Complaint states, in substance, that R. T., the deceased husband of the plaintiff, Susie, was the owner of a certain policy of life insurance for the sum of $5,000; that said policy by its terms at said time was payable, upon his death, to his mother, Barbara the defendant; that said R. T. had, during his life, the right to change the beneficiary therein; that R. T. being taken dangerously ill, and knowing he could not live long, and having a legal right to change the beneficiary, requested his mother, Barbara, who then had the custody of said policy of insurance, to bring the same to him that he might change the beneficiary named, so that onehalf of the sum should be paid to his wife, Susie, and the other half to his mother, Barbara; that said Barbara, knowing of the very serious physical condition of her son, R. T., and of his desire and right to so transfer said policy, agreed with the said R. T. that in consideration of his forbearing to make said change, and taking the time, trouble and labor necessary in his then physical condition, and in consideration of the trust imposed in her by the said R. T., promised that she would, upon receiving said insurance money, pay to the plaintiff, Susie, one-half of the same.
The complaint states further, in substance, that thereafter (giving date) said R. T. died, and after the death of the said R. T. said Barbara collected and received the full amount due on said insurance policy, and has refused and still refuses to pay any part of the same to the plaintiff, Susie. Demurrer to complaint; demurrer sustained, and plaintiff appeals.
What should be the decision?
18. Owen died, owning four parcels of land, and leaving his widow as his sole heir at law. His widow and his mother both supposed that he left a will dividing the property between them, but being unable to find it, the widow finally administered the estate as though it were intestate, and obtained a final order of the county court, upon due notice, assigning all of the real estate to her. Both widow and mother, being still uncertain whether a will might not yet be found, met and agreed that all claims of the mother as to the property (whether any will afterwards was found or not) should be adjust. ed and settled by the execution of a deed by the widow to the mother of two of the parcels of land, and the execution of a release by the mother of all claims against the estate and the widow. This settlement was fully carried out, and the will was afterwards found and probated.
The question is whether the settlement so made is effective.
17. Action to recover balance due upon contract, to exchange work. The case was first tried in the county court and on appeal in the district (same as Wisconsin circuit) court. In the argument to the jury, plaintiff's counsel stated, in substance, that the case was tried in the lower court and judgment rendered there in plaintiff's favor, and that the defendant was responsible for the case being in the district court. Defendant's counsel excepted to the above remark, when the court 'stated, in substance, “that the record shows that this case was tried in the lower court and a judgment was rendered in the lower court in plaintiff's favor and against the defendant, and that defendant had appealed." Defendant's counsel theu ex
19. Action to recover value of services rendered by plaintiff to defendant in part performance of a contract of employment.
Plaintiff entered defendant's employment as a laborer under a written contract for a year at so much a month. At the end of about six months, because of defendant's misconduct, or wrong-doing, plaintiff left de fendant's premises and refused to work for him any more. The charge made by plaintifr against defendant as a ground for leaving him was very serious. On the trial defendant was allowed over plaintiff's objection, to introduce evidence to show that his general character was good in the respect in which plaintiff had attacked it, in justifying his action in leaving defendant.
The court in one of its instructions withdrew the evidence in regard to defendant's character from the consideration of the jury, .stating, in substance, that for the purpose of the case, defendant's reputation along the line on which plaintiff attacked it, might by
the jury be considered good. Verdict for plaintiff. Defendant appealed.
Was there any error in the court's instruction withdrawing from the jury the testimony tending to support defendant's good character?
20. Action to recover for services as attorney. Counterclaim for money loaned. The trial resulted in verdict and judgment for defendant.
The action was brought to recover for services rendered at different times during a period extending through several years. By defendant there was a denial of indebtedness, an allegation of payment and the counter·laim above referred to for money loaned. The aggregate of the loans made to the plain
tiff, and the payments made for his services, as alleged by defendant, exceeded the amount claimed by plaintiff. As the litigation in question, and the business between plaintiff and defendant, extended through a series of years, defendant kept a book in which he made original entries in the usual course of business, and this book showed the payments and loans made to the plaintiff at different times and in different amounts. Defendant, using this book to refresh his recollections, testified to the payments and loans therein entered, and the book was received in evidence.
This ruling of the court furnished the ground for plaintiff's appeal.
Did the court err in receiving in evidence defendant's account book?
Following are the questions asked by the State Board of Bar Examiners of Ohio on the subjects of Contracts, Torts, Pleading and Legal Ethics. In this examination which was held June 1, 1909, one hundred questions were asked.
24. Define: (a) Stoppage in Transitu; (b) Option; (c) Unilateral Contract; (d) Estoppel.
mill. the speed of his engine, and the kind of work to be done, and agrees to furnish the saw for $90. Clark signs a written order for the saw, and the same is shipped and paid for. Clark gives saw a fair trial and it fails to do his work. Clark notifies Jones, and Jones sends another saw. It also fails to work. Clark returns the saw.
What, if any, legal remedy has Clark, and why?
25. Chauncey, of New York, sells Cole, of ('olumbus, 25 cases of shoes, to be paid on delivery, and ships same by rail June 3d. The goods arrive in Columbus June 5th, and are placed in the store of Cole. At time of purchase Cole was insolvent, and knew it at the time of purchase; but Chauncey knew nothing. June 6th Cole makes an assignment for benefit of his creditors to Hale. Hale takes possession of entire stock of goods, including the 25 cases of shoes. What remedy, if any, has Chauncey?
26. T. is an undertaker in W. He sells his entire business to M., and enters into a written agreement not to again follow his profession, and upon a failure to carry out his agreement to forfeit and pay to M. $500. Within one year thereafter T. again opens up an undertaking establishment in W. M. brings action to recover the $500. What should be the judgment? Why?
29. A., an attorney, entered into a written agreement with E. to recover of an insurance company an amount claimed to be due her as widow of the insured in said company, whereby A. was to receive as his fee for services 50 per cent. of the amount collected. No compromise was to be made by E. without consent of A. Notice of said agreement was entered on the docket of the clerk of courts where suit was pending, and defendant was notified of such agreement. E., without consulting her attorney, compromised with the insurance company and received the money. E. is insolvent. A. sued the company to recover his portion of the settlement. Defendant answered, setting up copy of agreement, and alleging that same is contrary to public policy. A. replied, admitting the contract, but denied the other allegations alleged. Defendant moved for judgment on the pleadings.
What should be the judgment of the court?
27. A., of New Orleans, writes a letter to B., of Boston, stating that he would sell him his cotton for $500. The letter reaches B. at Boston, December 4th, and on the same day B. writes A. that he accepts his proposition, and mails the same on the same day. On the 5th A. telegraphs B. that he withdraws his offer of sale.
What are the rights of A. and B.?
TORTS. 13. A. was required by subpoena to attend court in one of the counties of Ohio, and while passing through the hallway of the courthouse, without fault on his part. fell through an opening into the cellar which the board of county commissioners had permitted to remain open, uncovered and unprotected.
28. Olark is the owner of a sawmill. Jones manufactures and sells saws. Clark notifies Jones of his need of a saw. Jones makes inquiry as to the size of saw, the make of his
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