9. An agent received the instructions of his principal, knowing that in order to carry them out he would have to commit a nuisance, and did actually commit such nuisance. The person injured sued the agent. Was he liable?
10. The partnership accounts between D and M were unsettled, although they had dissolved partnership. D alone could settle them, but refused to do so. What kind of action could M institute against D?
11. Smith purchased a horse from Jones, giving him in payment a check on a bank which he (Smith) had had certified. Smith having learned that Jones had no title to the horse stopped payment on the check. Jones sued the bank which answered, setting up want of consideration for the check. Could it do so?
12. A died January 1, 1915, leaving a last will wherein he bequeathed $5,000 to his son, John, then aged 18, and $5,000 to the A hospital, and the residue of his estate to his daughter, Jane. The legacies remaining unpaid on January 1, 1918, John and the hospital sued the executors for them, claiming also interest. From what date should interest be allowed, if at all?
13. Mary Jones died June 1, 1921, leaving a husband, Peter Jones, by whom she had never had children, and three children by a prior marriage. She left a will devising her real estate to her children, but made no disposition of her personal estate. To whom did her real and personal estate go on her death?
14. B, a creditor of the insolvent firm of J. & S., agreed to sell and assign his claim to D for the sum of $2,000. B thereafter refused to make the assignment. D thereupon filed a bill in Chancery against B for specific performance. Could he maintain his action?
15. A was in possession of a house and lot. B, his neighbor, insisted that As house was over his line by a foot. How could A test his title, B refusing to bring an action?
16. Brown, as executor of Smith, filed his final account in the Orphans Court of Salem County, and gave notice of settlement. Grey, one of the residuary legatees, desired to have the accounting in Chancery. Was this possible? If so, how should he proceed and what must he show?
17. In the trial of an action for libel wherein plaintiff claimed compensatory damages only, defendant offered in mitigation of damages evidence that the publication was made in good faith and with honest belief in its truth. The Court excluded the offer, and this ruling was attacked on appeal. Was it correct?
18. Plaintiff, aged nine, who was struck and injured by an automobile while crossing a street, brought suit. The defense was contributory negligence. The Court charged that a child of that age could be charged with contributory negligence, but that in considering that question it was for the jury to consider whether the plaintiff had exercised the caution which would reasonably be expected from one of his years. Was this charge correct?