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8 N.Y.L. Jist 1 (1943-1944)

handle is hein.journals/newrojis8 and id is 1 raw text is: Wem Ijurk Ei 3iGL Index & Cross Reference Vol. 8 Accord & Satisfaction-Agency ABATEMENT OF ACTIONS conversion: 148 divorce: 191, 767 death action: 223 will probate: 233 receiver's fraudulent conveyance action -vacatur of receivership: 506 corporate party's dissolution: 556 stockholder's action-election of inde- pendent directorate: 620 separation: 651 personal injuries: 701 cancellation of civil service resignation: 795 ABUSE OF PROCESS malicious use-of process: 789 use of process to accomplish collateral object: 789 ACCORD & SATISFACTION new consideration necessary: 71 dispute requisite: 107, 148 consideration - refraining from petition- ing in bankruptcy: 148 oral accord: 449 acceptance of check marked in full pay- ment: 319, 471, 751 retention of check for less than conced- edly due: 556 sealed instrument: 568 ACCOUNT STATED new cause of action: 136, 204 counterclaim on constituent claim: 136 attack on constituent claim: 204 subsequent action on constituent claim: 204 bookkeeping error: 544 creditor-debtor relationship, necessity of: 728 silence as acquiescence: 728 ACCOUNTING, ACTION FOR GENERALLY overhead deductibility: 271 operation at loss: 271 RIGHT TO ACCOUNTING joint venture: 55, 236, 344, 449 fiduciary relationship: 131, 136, 449 agency: 449 abettor of fraud: 136 profits, necessity of alleging existence as condition to accounting: 344 sum due - necessity of alleging: 405 co-tenants: 405 PROCEDURE direction to deposit into court: 15 demand for money judgment: 55 form of judgment: 91 pleadings - definiteness: 252 Interlocutory judgment: 433 reference: 433 parties: 631 DEFENSES voluntary pre-suit audit: 756 prior judgment to account: 795 ACTION, CAUSE OF see CAUSE OF ACTION ADDRESS, DISCLOSURE OF falsity of statement: 15 ADMIRALTY seamen's wages, prompt payment of: 503 ADMISSIONS NOTICE TO ADMIT court's power to excuse non-compliance: 148 motion to vacate or modify: 220, 449, 756 applicability to special proceedings: 287 motion to deem statements denied: 493 facts peculiarly within demander's knowledge: 528 1