About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


16 N.Y.L. Jist 1 (1951-1952)

handle is hein.journals/newrojis16 and id is 1 raw text is: INDEX TO VOLUME 16 Abatement & Continuance - to - Alcoholic Beverage Control Abatement & Continuance Continuance against foreign executor: 164 Corporation's dissolution before derivative action: 35 Death thru carrier's breach of contract: 3 Substitution of plaintiff's assignee for creditors: 106 Abuse of Process Improper institution of civil action: 228 Non-malicious garnishee against wrong person: 288 Supro order on defective judgment: 348 Accord & Satisfaction Claim of right to deduct for defective work: 194 $4000 pre-payment in full settlement of $5235 mortgage:248 Oral acceptance of merchandise return in full payment:86 'Dispute' on seller's refusal to accept arbitrary returns:138 Paycheck endorsed in final payment for services': 268 Payment of balance above claim for damages: 288 Survival of arbitration clause in original agreement: 351 Written acceptance of less than due: 214 Account Stated Agreement to hold co-partner's profit share: 348 Between attorney and client: 348 Defense of partnership agreement breach: 178 Mere acceptance of account statement: 348 Mere settlement talk: 83 Statement rendered when no liability outstands: 106 Complaint essential: 71 Defendant's general denial: 348 Counterclaim for damages of partnership breach: 178 Cross-complaint to reform partnership agreement: 178 Accounting, Action for RIGHT TO ACCOUNTING Failure to account for prorata interest in ship: 228 Fiduciary's inability to explain source of bank account:86 Joint venture consummated in name of defendant's wife:318 Absence of fiduciary relationship: 86 Agent entrusted with property: 348 Agent to surrender policies for cancellation value: 71 By creditor against invalid bulk sale vendee: 290 Commission sales agent entitled to monthly acctgs: 138 Compensation measured by employers profits: 348 Individual use of joint venture property: 348 Uncertainty of amount of commissions due plaintiff: 71 Union's agreement to distribute fund equitably: 71 PLEADING & PRACTICE Complaint averment that a preliminary account was prepared: 51 Failure to allege profits of joint venture: 15 Counterclaim for damages of joint venture breach: 178 Trial establishing right to damages only: 86 Motion to vacate referee's decision on objections: 138 Action, Cause of Absence of precedent: 106 City's failure to issue franchise permits: 89 Improper salary classification of civil servant: 82 Damages for perjury or subornation of perjury: 178 Inducing at will employee to quit: 49 Lawful act with malicious intent to injure: I Legal act committed maliciously: 8 Society's salaried officer discharged before end of ferm:8 Tenant retaining possession under Emergency Law tho he had vacated: 7 Obtaining property from plaintiffs agent: 180 Action, Pendency of Prior SEE PRIOR ACTION PENDING Actions Against Public Policy Gifts conditionally given to son's fiancee: 86 Gift returns agreed after bethorthal mutually cancelled: 31 Address, Disclosure of As to witness not in defendant's control: 194 Omitting residence of deceased assignor: 15 Thra demand for bill of particulars: 305 Verified statement by attorney: 194 Adoption Considerations of child's welfare: I Direction to return infant: I Mother's attempt to regain possession shortly after con- senting to adoption: I Admissions under CPA 322 Attorney's verification of admissions under CPA 322: 248 Failure to admit as to void contract: IS Motion attacking CPA 322 demand: 106 Pre-trial attack on sufficiency of admissions: 248 Adverse Possession Adverse possession actually a riparian right: 31 Building on neighbor's land with his permission: 318 Improvement with flimsy wooden bathhouse: 31 Occupancy of summer shack built on another's beach:333 Property unimproved and unenclosed: 8 Tidal lands held by town in governmental capacity: 31 Agency See also Employer & Employee, Master & Servant AGENT'S AUTHORITY Agent's declarations of authority: 228 Burden of proof on disputing nominal agency: 31 Checks given manager of infant concert artist: 31 Conditional sale form on stationery of seller's finance company: 17 Custom House record of ship's owner: 15 Rental agreement made by rent collector: 304 Truckman delivering consignor's merchandise to airline:71 AGENT'S RIGHTS AND LIABILITY Agent's promise after contracting for disclosed principal: 122 Duty to keep principal's funds in bank account: 194 PRINCIPAL'S RIGHTS AND LIABILITY Car wrecked by joy-riding garage employee: 270 Damages of agent's fraudulent investment: 198 Principal's assignment of artist's agency contract: 194 Purchases for self on forged employer's credit pledge:228 Alcoholic Beverage Control GENERALLY Time limit for State Authority to render decision: 228 Injunction proceeding against 1500 foot rule violator: 86 Legality of mortgage on bar and grill: 268 Secret partnership in liquor business: 147 Stranger's attack on transfer of license to other premises: 318 DENIAL OF LICENSE OR RENEWAL Attorney's neglect to obtain license renewal: 51 Corporation solely owned by practicing attorney: 164 Broadway corner store within 1500 foot of another: 304 Display window within 1500 feet of another licensee on same avenue: 212 Disrepute of stockholder's brother: 318 Inadvertent omission that prior application was made:138 Index Page 1