Chapter I

Page 11.

1. Define partnership.

2. State some of the presumptions of law in regard to partnership.

Page 12.

1. How are profits and losses shared, and how is capital divided on dissolution?

2. Who are made parties defendant in a suit against a firm and how may execution be levied?

Page 13.

1. How may the common law powers of a member be restricted, and why may the firm be bound by the unauthorized act of a member?

Page 14.

1. The partnership relation is a question of law and fact, not a question of name. Explain.

Page 15.

1. Can a person share in the profits, and stipulate as to the management of firm affairs and still not be a partner? Explain.

Page 16.

1. The law of partnership is said to be a branch of what other law?

2. What position, according to Lord Cranworth, does a dormant partner occupy in a firm?

3. How does Mr. Lindley sum up the leading case of Cox vs. Hickman?

Page 17.

1. What are the advantages of a partnership?

2. Give illustrations of profit sharing without the partnership relation.

3. How is a joint enterprise distinguished from a partnership?

Page 18.

1. How do the liabilities of parties to a joint adventure differ from those of partners?

Page 19.

1. What was the Somoset House case?

Page 20.

1. How does the ordinary case of loaning money to a firm for a share in the profits differ from the ordinary case of a dormant partner?

Page 21. 1. What are limited partnerships?

Page 22. 1. What can you say of the liabilities of members of clubs and associations?

Page 23.

1. State the case of Burt vs. Lathrop.

Page 24. 1. What is necessary to constitute a de facto corporation, and what legal results depend thereon?

Page 25.

1. When will a strict measure of compliance with statutory requirements be enforced?

Page 26.

1. Are tenants in common engaged in the improvement of their property partners?

Page 27.

1. What liability arises on a contract to form a partnership before the actual launching?

2. Give the English code definition of partnership.

Chapter II

Page 29.

1. Are time, labor, skill and the use of property capital?

Page 30.

1. What constitutes the capital of a firm?

2. Distinguish between capital and firm property.

Page 31.

1. How are losses borne? How are services and the use of property and capital compensated?

2. What is the general rule in all matters of partnership in which third parties are not interested?

Page 32.

1. Where does the loss fall in case of destruction of property whose use only is contributed to the firm?

Page 33.

1. Discuss the question of "use of money."

Page 34.

1. What can you say of property bought with firm funds?

2. Discuss the "nature of a partner's interest in the property of the firm."

Page 35.

1. What is the rule in regard to dividing among partners the property of the firm in specie?

Page 36.

1. Where there is a right of partition of land, what other right goes with it?

2. Why cannot a partner mortgage his share of the firm property so as to afford a lien against firm creditors?

3. What is the effect of assigning a share?

Page 37.

1. Distinguish between sale of firm property and sale of partner's share in the firm property.

2. May a purchaser of a share compel a sale and accounting? Sale of what and accounting of what? What sort of a sale of firm property amounts to a fraud upon creditors of the firm? Upon other members of the firm?

Page 38.

1. Up to what time may an insolvent firm dispose of its property?

2. What jurisdiction have courts of equity? What rule holds as to creditors when the firm assets are in the hands of a court?

Page 39.

1. What is meant by marshaling assets of firm and partner? What is the rule?

Page 40.

1. What can you say of the firm right to dispose of partnership property prior to an act of bankruptcy or receivership?

2. What rule was announced in Wild vs. Milne?

Page 41.

1. What is the English rule in regard to real estate announced in Darby vs. Darby?

Page 42.

1. Would it make any difference in whom the real estate was vested?

Page 43.

1. What is the American rule?

2. State the decision in Bopp vs. Fox.

Page 44.

1. Accordingly, in firm property, a partner's interest is what? What rule is laid down in Wilson vs. Robertson?

Page 45.

1. May one partner sell to another and pass title to firm property? What is the result of such sale?

Page 46.

1. What effect does the dissolution of a firm have on the title to firm property?

Page 47.

1. Suppose, in a firm of A, B and C, D is taken in as a new member. State the result as to liabilities.

Page 48.

1. Give the law as laid down in Bank vs. Carroll-ton R. R.

Page 49.

1. Who must be made parties defendant in a bill for accounting and settlement?

Chapter III

Page 51.

1. State the rule that sets a limit to the mutual agency doctrine. What evidence is competent?

2. What are the recognized powers of partners?

Page 52.

1. What matters are not usually within a partner's powers?

Page 53.

1. What occupations have been held not to constitute a trading firm?

2. What effects a dissolution? How can the original partnership agreement be changed?

Page 54.

1. How should notice of dissolution be given?

2. In what cases is no notice required?

3. What is the right called delectus personarum?

Page 55.

1 By what different designations are partners known?

Page 56.

1. Explain subpartnership and the liability arising therefrom. State the liability of an infant partner on contracts and torts.

Page 57. 1. What is the liability between partners for torts?

Page 58. 1. What can you say of admissions of a partner? Of doing business without a license?

Page 59.

1. If the general object of a partnership is illegal will a bill lie for accounting and settlement of partnership affairs? What is the rule in regard to third parties in such a case?

Page 60. 1. How are partnership acts looked upon from the standpoint of illegality?

Page 61.

1. Can one partner be bound by the crime of another? What sort of a tort committed by a partner will bind the firm?

Page 62.

1. Does mere neglect to be an actual and efficient partner make a consequent loss to the firm chargeable to the partner?

2. State the "rule of the majority."

Page 63.

1. What consent is necessary for a change in the nature of the partnership business?

2. Can a majority expel a member?

3. State the liabilities of an incoming partner.

Page 64.

1. What is novation and who should be made parties defendant to a suit against the firm? What is the result of omitting a member?

Page 65.

1. What can you say of extension of time to a continuing partner?

Page 66.

1. What right has a partner as to giving or taking leases? What is the rule in regard to illicit gains of a partner?

Page 67.

1. What is the effect of ratification? What expenses may be charged against the firm?

Page 68.

1. What does a partner ostensibly do in entering upon the partnership relation?

Page 69.

1. What is necessary to render one partner liable for the trespass of another partner?

Page 70.

1. What is the correct ground for the decision in Rosenkrans vs. Barker? How far does the liability of the firm for the tort of a partner extend?

Page 71.

1. Would a claim against a partnership filed in the Probate Court against the estate of a deceased partner be allowed?

Page 72.

1. What option has the creditor? Is this the general or universal rule in the United States?

Page 73.

1 What is the New York rule?

Page 74.

1. What rule applies when there are individual creditors? Give the reasoning of the court as to the equity of the general principle of allowing the claim to be filed in all cases subject to the prior rights of individual creditors.

Page 75.

1. To whom or what is partnership property considered as belonging? How is the ownership changed?

Page 76.

1. Under the contract of partnership implied by law what interest has a partner in the firm property. Is this interest recognized in equity, in law, or in both law and equity? When may a partnership creditor share on equal terms with the individual creditors in an estate of a deceased partner?

Page 77.

1. In case of bankruptcy after assignment of assets will levy of execution on creditor's judgment give any lien or priority of right?

Page 78.

1. Can a partner execute a mortgage on personal property of the firm?

2. State the case of Rodgers vs. Meranda.

Page 79.

1. How does the court account for the rule giving a preference to the individual creditors of a partner in his separate property when in the hands of court?

Page 80.

1. What further reasons?

Page 81.

1. When does the principle of the rule not apply?

Page 82.

1. What is the rule as to a partner or firm competing with creditors in the filing of claims?

Page 83.

1. State the case of Harris vs. Peabody.

Page 84.

1. What sort of a hen is a judgment against a partnership?

Page 85.

1. Does the equity of separate creditors to have their debts first paid out of the individual property of partners amount to a hen? Is it a legal right like the preference of partnership creditors in partnership property?

Chapter IV

Page 87.

1. Does the partner who signs the firm name to a note without authority bind himself personally? What other rights has the creditor?

Page 88.

1. When is such a bill or note not good against the firm?

Page 89.

1. Is express notice necessary?

Page 90. 1. What is constructive notice?

Page 91.

1. When defect of title does not appear on the face of the note, the taking of the note under the facts must indicate what to impeach its validity?

Page 92.

1. What are the defenses of the maker to negotiable paper in the hands of a bona fide holder for value, before maturity, and without notice? What consequences follow in the case of a non-trading firm in regard to the validity of its paper?

Page 93.

1. State the law in regard to new obligations assumed after dissolution.

2. What rights and obligations in regard to setoff in case of surviving partner?

Page 94.

1. How should a deed be made out to a firm? Give the law as to garnishment.

Page 95.

1. State the rule as to a nominal partner's liability Page 96. 1. Give the law as to exemptions.