The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-12-14

status Of a child born during the pre-
vious cohabitation?
TORTS.
"a child, three years of age, was per-
manently injured by train through the
negligence of the railroads servants.
The father of the child was guilty of
contributory negligence in allowing the
child to be exposed to the danger. Ac.
tions were brought for the child's per-
sonal injury and the fathers loss Of
services. Can any recovery be had?
"The village of x made contract
with r, n responsible contractor, to dig
a trench across the street for a munici.
pal Improvement. While the work was
in progress a traveller fell into the ex-
cavation and for his injuries so sustain
ed asks you whether he has a right of
action, and If so against whom? What
Is your opinion? (a) What are the
conditions precedent of an action for
malicious prosecution? (b) Can an ac-
ton be maintained against one for
maliciously prosecuting a civil action?
can one maintain civil action for
damages resulting to him from a pub
lie nuisance? Why?
"A caused the arrest, Indictment and
trial of B on the charge of unlawfully
assaulting and beating A. B was
acquitted. Can A now maintain n civil
action against B for alleged damages
resulting from the alleged assault and
battery?
NEGOTIABLE INSTRUMENTS.
"(a) What is a bill of exchange?
"tb) What is a promissory note?
"(c) What is valuable considera-
ton?
"a sells merchandise to B for $780, p
pays $3.50 in cash and gives A his
promissory note for the balance. A de-
posits the note, before maturity, in the
bank X. as collateral security for
loan of $3.50. The note becomes due, and
b not knowing that the note is so de-
posted as collateral security requests
A to take a renewal. A consents and 3
thereupon executes and delivers to him
the renewal note for $3.50. A promises to
obtain the first note from the bank y,
and deliver the same to b. He fails TO
do so, and then deposits the renewal
Anote, before maturity, as collateral
security for another loan of $780, \
then makes an assignment for the bene-
fit Of his creditors. What are the rights
Of the bank Y, against b? Give ren-
sons.
"A, b, C and ID are endorsers on a
bill Of exchange. f, the holder, re-
leases c. What is the effect upon the
rights of f, as against A, and d?
What is the implied undertaking Of
an endorser in contract of endorse
ment?
What is the general rule as to the
extinguishment of a precedent debt by
the debtor giving his promissory note
therefor?
PERSONAL PROPERTY.
What is the principal distinction be-
tween real and personal property?
"(a) What is fixture?
"(b) What is necessary to make an
article a fixture?
"A being desirous of giving his daugh-
ter. who lived with him and acted as his
nurse, something for her services made
his note to her order for $500 and gave
t to her. After his death she presented
the claim to the administrator for al
lowance with a statement Of the above
facts. Should the administrator reject
or allow the same and why?
"A horse belonging to A was sold to
b at auction without warranty. The
day before the sale. A seeing B looking
at the horse, said to him, he is perfectly
sound and this was true so far as a
knew. The horse proved to be unsound.
What remedy, If any, has B and against
whom?
"A sold to b 300 sacks of flour to he
delivered by January 20. What kind
of a contract is this and what are the
rights Of the parties? ss1
- BAILMENTs.
"Give reasons for your answers.
"A, the owner OF a watch goes to B
on Monday and says to him: 4 will
send my watch to you this afternoon,
will you repair 1t for $2?' B replies, L
WILL A does not send the watch to j
until Tuesday. When was the bailment?
"A finds a watch and pawns 1t with B
A tenders b the money borrowed, but
B refuses to return the watch on the
ground that A found the watch and
therefore had no title to it. Can A
recover the watch?
"A delivers goods to a railroad COM
pany to be carried to town of x and
there delivered to B. While the goods
are in transit, A learns that B Is in
solvent and practiced fraud upon A, to
induce him to ship the goods. A order
ed the railroad not to deliver the goods
to b. b demands the goods. What
would you advise the railroad company
to do?
"A owes B over 500. B borrows horse
worth 500 OF A. A demands his horse
and B refuses to give him up until A
pays the 500. Has b right to keep
the horse until the debt is paid?
"A hires horse of b. The horse gets
sick and A employees competent veter-
marian, but the horse dies. A pays the
veterinarian a reasonable fee and de-
mands the amount so paid of b. B re-
fuses to pay and sues him. Can A