Mock Trial One of Contract Law--Winners Acted as Counsel for the Defendant, Losers as Plaintiff

Before an audience that completely filled the center lecture room of Langdell. Hall, the Scott Club of the Law School last night defeated the Persons Club in the finals of the Ames Competition. Rudolph Protas Berle 3L., of Boscawen, N. H., and Harold Fisch Birnbaum 3L., of Denver Colorado, represented the winning club and acted as counsel for the defendants, in the mock trial which constituted the contest. R. A. Bogle 3L. and J. M. Nicely 3L., representing the Parsons Club, were consul for the plaintiff. Each of the winners received a trophy, as well as a cash prize of approximately $200:

Case of Unusual Interest Now

The case which was tried last night in the Supreme Court of the Ames Competition is one of unusual interest at the present time, because it is parallel to numerous cases which have recently come up in the courts of Texas. The defendant, N. P. Banks et al., are members of a "Massachusetts" trust, the Lone Star Oil Company. The plaintiff, one Emil Borah sued them personally and individually for debts contracted by the company as a whole. The question of the case lay in whether or not the members of such a trust can be held personally responsible for the company's debts.

The winners argued that a "Massachusetts" trust, like all other forms of trusts and corporations, includes, inherently limited liability for its members, who are, therefore, not personally liable for the debts contracted by the agents of the company, as would be the case if it were an ordinary partnership. They also showed that, even if the company was a trust, the members would not be personally liable as principals.