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5 N.Y.L. Jist 1 (1940-1941)

handle is hein.journals/newrojis5 and id is 1 raw text is: CUMULATIVE AI4NfUAL INDEX & CROSS-REFEREN,E VOLUME FIVE ABATEMENT OF ACTIONS fraud inducing compromise of personal injury action: 121 no order continuing personal injury action:185 ABUSE OF PROCESS attorney's liability for irregular injunction:395 joining party to secure examination before trial: 85 motive for examination before trial: 173 supplementary proceedings after judgment vacated: 197 supplementary proceedings on behalf of de- ceased: 17 'supplementary proceedings against person with similar name: 17 ACCORD & SATISFACTION 'dispute of amount' not alleged: 814 executory accord, enforcibility of: 814 executory settlement not finally agreed: 277 'full payment' endorsement: 645, 646 lesser sum, acceptance of: 573 payment of judgment: 1 'payment approved' indorsed on check for costs: 501 oral agreement to accept specified payment:169 retaining check for creditors' committee: 537 ACCOUNTING, ACTION FOR GENERALLY action by employee entitled to profits against individual diverting corporate funds: 771 business, failure to turn over: 625 joint tenants, rents collected by: 638 RIGHT TO AN ACCOUNTING assignment of deferred commissions as secur- ity: 85 certificate holder's action against depository :197 commissions sole issue in dispute: 345 demand, necessity for: 789 fund given to cemetery with provision for interest yield: 115 long account involved: 69 percentage of profits, right to: 771 pledgor-pledgee relationship: 85 state's claim to interest withdrawn by city:386 DEFENSES extent of recovery incorrectly stated: 407 laches: 659 plaintiff's possession of books: 4,07 PROCEDURE bill of particulars: 396 burden of proof: 329 counterclaim, right to 'inerpose: 69 full price in excess of value on accounting date reported: 809 ACCOUNT STATED attorney's bill not itemizing disbursements:393 failure to allege account where defendant retained bill: 449 statdient by defendant that it would not pay: 377 ACTION, CAUSE OF deficiency in foreclosure - action against person not party: 177 dissemination of false information re corpor- ation: 31 expulsion of plaintiff from theatre: 154 WPA stenographer's action after discharge for refusal to disavow isms: 71 ADDRESS, DISCLOSURE OE - attorney's examination re address of former, client: 149, 469 joinder with motion for bill of particulars: 30 statement in defendant's affidavit as compli- ance: 82 whereabouts of former employee witness: 805 ADMISSIONS non-compliance with notice, remedy for: 329 ADOPTION opposition by divorced father in arrears in payments: 153 ADVERSE POSSESSION compliance with essentials as jury issue: 288 defense to city's action for ejectment: 290 AGENCY see also MASTER & SERVANT CREATION OF RELATIONSHIP milk dealers: 501 parol evidence: 121 GENERALLY death of principal: 650 AUTHORITY OF AGENT proof by agent's testimony: 90 salesman's authority to obligate employer to accept: 36