Ohio Law Bulletin (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...their claims against said John Smith. In consideration thereof, said John Taylor, trustee, agrees to prosecute said claim by suit or otherwise, against said John Smith and after deducting costs and attorney's fees, to account for any sum obtained from said John Smith upon said claims to said persons signing this agreement, in proportion as the claim of each may bear to the whole sum recovered from said Smith upon said claims." (a) Was this a valid contract? (b) Was the attorney trustee of an express trust? (c) The attorney instituted suit on the claims in his own name, by filing a petition setting forth each claim In a separate cause of action. Should he recover, and why? If not, why? 17. (a) C, a member of a fraternal benefit association, committed suicide. His wife, the beneficiary, sued on the certificate. It was shown that several years after the certificate was issued, a by-law was passed by the association providing, "that in case of suicide, the certificate issued to a member should be void and all benefits thereunder forfeited." It was also shown that In the application, the deceased agreed to conform in all respects to the laws, rules and usages of the order then in force or which might thereafter he adopted. Should the wife recover? (b) Suppose that such an association with a similar clause in the application, having passed.a by-law after the issuance of a certificate for $3,000, cutting down the sum payable on all such certificates to $1,500, tendered such sum in payment of your client's certificate. What would you advise, and why? 18. (a) Explain the doctrine of novation. (b) A employed B for a given term at a fixed compensation. B was guilty of a default in duty whose natural tendency was to injure the business. A discharged him....