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7 N.Y.L. Jist 1 (1942-1943)

handle is hein.journals/newrojis7 and id is 1 raw text is: cw 1ork am afit INDEK t CROSS RErSRENQC VOL. 7 Abatement of Actions - Alcoholic Beverages; ABATEMENT OF ACTIONS dead body - action for unlawful reten- tion: 464 ABUSE OF PROCESS malicious issuance of process: 435 necessary allegations: 525 unfounded civil action: 232, 382-383 ACCORD & SATISFACTIQN acceptance of check marked in full pay- ment: 11, 305, 502 honest dispute requirement: 88, 396, 420, 502 overtime compensation, action for: 26, 82, 425 separate trial: 9 unilateral mistake: 525 ACCOUNT STATED debtor's silence as acquiescence: 345 ACCOUNTING, ACTION FOR GENERALLY City Court's jurisdiction: 195-196 credit for attorney's and public account- ant's services: 128 RIGHT TO ACCOUNTING as basis for action: 396 joint venturer's management of corpor- ation: 119, 214 profits percentage compensation: 291, 643 sum due - necessity of alleging existen ce as condition to accounting: 613, 643 Supreme Court action vs partner's ex- ecutor: 44 trust ex maleficio: 194 DEFENSES laches: 194 due foreign probate: 194 meretricious relationship: 598 PROCEDURE counterclaim as objection: 128 pre-trial examination and discovery: 194 ADMIRALTY in rem action vs vessel: 525 ADMISSIONS GENERALLY admission in prior action: 224-225 verdict based on admission: 377 NOTICE TO ADMIT form: 345 inability to admit or deny: 371 motion to vacate or modify: 345, 625 reasonableness of demand: 194 ADOPTION abrogation: 64 bequest to children as including adopted child: 418 consent of parent or guardian: 214, 525- 526 estoppel to deny legality: 112 statutory requirements - strict compli- ance: 214, 525-526 AGENCY SCOPE power to appear in suits: 160 CREATION OF RELATIONSHIP agent's statements as evidence of agen- cy: 82, 350 emergency employee: 84-85 LIABILITY OF PRINCIPAL agent's incompetency as defense to con- tract action vs principal: 437 AGENT'S RIGHTS AND LIABILITY implied warranty of authority: 128 liability under Wage and Hour Law: 510-511 misrepresentation: 416 non-disclosure of -principal: 291, 462 sales commission, right to on principal's default: 128 tort liability: 291, 444, 497 unauthorized execution of negotiable in- strument: 335 TERMINATION principal's death: 559 war: 246 AIR LAW death in airplane accident, law govern- ing: 502-503 ALCOHOLIC BEVERAGES GENERALLY saloon-keeper's liability for assault by intoxicated person: 241 wholesaler's guaranty of bank loan to retailer: 267