47. In a personal injury case, caused by breaking of chains, plaintiff offers to testify as evidence against the defendant that defendant's foreman an hour after the accident stated to plaintiff "that he (the foreman) had been after the company a year to furnish him with new chains and they would not do it." Defendant objects. Is the evidence competent? (Usry v. Augusta Southern Rwy. Co., 102 S. E. (Ga.) 184.) Would the foreman be a competent witness on the stand against defendant?
49. In such a case, must the third person hold the undisclosed principal rather than the agent?
50. A makes a contract with T. Ostensibly he acts in his own behalf but really he is P's agent. P remits proceeds to A to pay T. Later T discovers P's existence and identity. A does not pay T. T sues P. Can T recover in this suit?
51. Can an undisclosed principal be held on negotiable paper signed by the agent in his own name?
52. State the right of the undisclosed principal to hold the third person.
53. Defendant's teamster finished his day's work and having driven to the stable to put the horses away, changed his mind and drove off again on an errand of his own, and in doing so by his negligent driving injured plaintiff. Is defendant liable for this tort of the teamster? (Mitchell v. Crasweller, 13 C. B. (Eng.) 237.)
54. Defendant's teamster coming from town with a load of fertilizer for defendant's farm went a round-about way to stop at a. shoe shop on an errand of his own. While doing so, plaintiff was injured by the teamster's negligent driving. Is the defendant liable? (Ritchie t. Waller, 63 Conn. 155, 27 L. R. A. 161.)
55. The M. R. Co. employed A, as a ticket agent. H purchased a ticket and paid therefor a coin, which the agent immediately after taking, pronounced as counterfeit and detained her for arrest. Was the company liable? (Pamori v. M. R. Co., 133 N. Y. 261.)
56. A left home with the intentions of going to R's store to trade. Before she entered the store and while she was standing looking into a show window, a detective employed by the company caused her arrest, accusing her of shoplifting. Is Reliable? (Vrchotka v. Rothschild, 100 111. Ap. 268.)
57. A is agent of the P. Insurance Co. with authority to suspend, check up, and settle with, the local agents of the Company. B, one of such local agents, was deemed to be in default. A attempted in various ways to settle up and finally had him indicted of embezzlement, a crime for which he was found not guilty. Assuming that A acted without reasonable grounds, is P liable? (Russell v. Palatine Ins. Co. (Miss.).)
58. A salesman of P. Co. in attempting to make a sale, slanders a rival concern. Is P. Co. liable to that concern for the slander?
59. A as Vice President of a bank guarantees in the name of the bank an account between B and C. Can the bank be held? Can A be held? Why?
60. A is acting as agent for an unknown principal. T knows that A is a mere agent but does not know A's principal. A as such undisclosed agent makes a contract with T. T asks to hold A personally. A defends that T knew he was a mere agent. Is the defense good? (Siler v. Perkins, 126 Tenn. 380, 47 L. R. A. N. S. 2432.)
61. Following note given : "Chicago, July 6, 1886. On Aug. 1, 1886, we promise to pay to order of S. & C. Co. One Thousand Dollars.
(sd) M. M., Pres., W. P. & Co.
A. F. D., Sec'y." M. M. and A. F. D. are personally sued. They defend that they are not personally liable. What is your opinion? (McNeil v. 8. & C. Co., 144 111. 239. Note 21, L. R. A. N. S. 1045.)
62. What is the rule as to liability of agent for his own torts committed in performing the agency?
63. A was agent of an apartment building with full authority to keep it in repair and hire the employees. B, a tenant of the building, was injured through A's negligence in allowing the door of the elevator shaft to be out of repair, so that it would stand open when the elevator was not at the floor. B sues A. Defense that A is a mere agent of a disclosed principal. Is defense good? (Tippecanoe Loan & T. Co. v. Jester, 180 Ind. 357.)
64. Define a factor.
65. When should a factor insure goods received under his agency?
66. Has a factor any implied or apparent power to barter goods?
67. May he sell on credit? May he extend credit originally given ?
68. Can a factor who has possession of goods give a good title by a sale which is contrary to instructions where such sale is to a person who does not know that the factor is not owner?
69. What is the factor's lien?
70. Define a broker? What various kinds? Define each kind.
71. What, generally speaking, is the authority of the broker?
72. Define auctioneer.
73. When does sale by auction take place?
74. What is by-bidding?
75. In what various ways may an agency terminate?
76. Distinguish between right to terminate and power to terminate.
77. A borrowed from B $1,000, and as part of the same transaction appointed B his agent to collect debts due A, as security for the loan. A dies before the loan is paid. Is B's authority to collect thereby revoked?
78. A has an agency for one year to sell automobiles for M. It is an extremely valuable agency, and its loss will cause A great damage. M attempts to revoke. A insists M has no power to do so. Can M revoke?
79. What effect has death of principal on agent or agency? Insanity?
80. How does bankruptcy affect agency?
81. State effect of war upon agency.