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9 N.Y.L. Jist 1 (1944-1945)

handle is hein.journals/newrojis9 and id is 1 raw text is: 




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                     INDE 9&t:


    CROSS RE



                  VOLU



                Abatement   of Actions -  Agency


ABATEMENT OF ACTIONS
   husband's action for medical expenses:
     114
   negligence action: 358
   libel in will: 600
   expiration of peace justice's term: 614

ABUSE  OF  PROCESS
   misuse of arrest warrant: 1
   improper entry or execution of judgment:
     572
   pleading: 633
   intent, motive and emotional approach:
     633

ACCORD   & SATISFACTION
   as defense to claim for overtime com-
     pensation: 325
   between fiduciary and beneficiary: 348
   oral accord: 342
   administrator's accord in individual ca-
     pacity: 378
   promise to pay as accord: 556

ACCOUNTING, ACTION FOR
  GENERALLY
  judgment  effecting conveyance: 183
  RIGHT  TO ACCOUNTING
  co-conspirator: 44
  against  stockbroker: 69
  partnership-necessary allegations: 184
  joint venture: 485
  action for undetermined commissions: 501
  after trust termination: 541
  lack  of fiduciary relationship - waiver:
     541
   against foreign executor: 605
   for pre-executorial receipts: 605
   after submission to arbitration: 626
   DEFENSES  AND  COUNTERCLAIMS
   voluntary pre-suit audit: 20, 155
   adequacy of legal remedy: 69
   counterclaim for excess withdrawals, ne-
     cessity of: 95
   account stated: 141
   PROCEDURE
   special proceeding: 87
   failure to object to plaintiff's account:
     75
   costs and expenses: 183
   reference: 425


   representative suit: 525
   separation of causes: 639

ACCOUNT STATED
   burden of proof: 595
   acceptance without objection: 595

ACTION,  CAUSE   OF
   see CAUSE  OF ACTION

ADMIRALTY
   suit under Jones Act: see JONES ACT
   suit vs US or US owned corporation: 529

ADMISSIONS
  GENERALLY
  decedent's admission - sufficiency to es-
     tablish adverse claim: 183
   sufficiency to warrant summary  judg-
     ment: 373
   correspondence with Government: 572
   Ignorance of signed papers import: 572
   NOTICE TO ADMIT
   judgment on pleadings for failure to de-
     ny: 1
   adultery allegation: 260
   delay in complying, court's power to ex-
     cuse: 385
   basic fact denied by verified pleadings:
     401
   enforcing compliance at Special Term:
     453
   qualifying or explaining admissions: 529

ADOPTION
   official investigator's report - exclusion
     from appeal record: 10
   infant's welfare, consideration of: 260
   consent by natural parent: 260, 401
   extraterritorial recognition of status: 302
   inheritance rights of adopted child: 347,
     547
   personal appearance by militarily absent
     foster parents: 342
   habeas corpus findings not determinative:
     401

AGENCY
  GENERALLY
  vendor's  bribe of purchaser's agent: 425
  LIABILITY  OF PRINCIPAL
  apparent  authority: 196


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