INDEX-DIGEST

ABANDONMENT.

Of husband or wife, see Husband and Wife,
§ 319.

Of husband or wife, ground for divorce, see
Divorce, § 37.

Of leased' premises, see Landlord and Tenant,
§ 171.

ABATEMENT AND REVIVAL.

Creditor's suit to recover proceeds of insur-

Rights to damages for injuries from public im-
provements, see Municipal Corporations, §§
386-404.

ACCEPTANCE.

of goods sold, see Sales, § 182.

Of dedication, see Dedication, § 35.

Of performance of contract, see Contracts, §
290..

ACCESS.

ance as superseding action on policy, see To membership roll of club, see Clubs, § 5.
Insurance, § 590.

Election of remedy, see Election of Remedies.
Of action against partners, see Partnership. §
203.

Rights of action by or against personal repre-
sentatives, see Executors and Administra-
tors, § 426.

II. ANOTHER ACTION PENDING.
Splitting cause of action, see Action, § 53.
Stay of proceedings pending other action, see
Action, 69.

ACCIDENT.

Cause of injuries to servant, see Master and
Servant, § 97.

ACCORD AND SATISFACTION.

See Compromise and Settlement; Payment.

9. Where one making a claim for damage
for breach of warranty, which was disputed,
accepted a check on which was written "in full

V. DEATH OF PARTY AND REVIVAL settlement of all claims," it constituted an ac-

OF ACTION.

(A) Abatement or Survival of Action.

Against partners, see Partnership, § 203.
Rights of action by or against personal repre-
sentatives, see Executors and Administrators,
§ 426.

ABSENCE.

Affecting validity of second marriage, see
Marriage, § 11.

Of husband or wife, ground for divorce, see
Divorce, § 37.

Of spouse as affecting validity of subsequent
marriage, see Marriage, § 11.

ABSTRACT QUESTIONS.
Determination on appeal, see Appeal, § 781.

ABUTTING OWNERS.

Compensation for taking of or injury to lands
or easements for public use, see Eminent
Domain, 88 79-160.

Liabilities to assessments for public improve-
ments, see Municipal Corporations, §§ 407-
503.

Rights in streets and highways in general, see
Municipal Corporations, §§ 665, 667.

cord and satisfaction.-McKenty v. Oceanus
Mfg. Co. (Sup.) 983.

§ 11. Payment by a debtor of part of a con-
ceded indebtedness on condition that its accept-
ance should discharge the liability in full held
not to constitute an accord and satisfaction.-
Schuller v. Robinson (Sup.) 881.

§ 27. In an action to recover the balance of
an account, whether there was an accord and
satisfaction as to a part of the goods sold
held for the jury.-Schuller v. Robinson (Sup.)
881.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER
123 N.Y.S.-73

(1153)

ACCOUNT, ACTION ON.

Effect of stating and settling accounts, and actions on accounts stated, see Account Stated. Filing or serving copies of accounts alleged in pleadings in general, see Pleading, § 330. Limitation of actions, see Limitation of Actions, § 54.

ACCOUNT RENDER.

Operation and effect of account rendered, see
Account Stated.

ACCOUNT STATED.

Actions between parties in particular relations. See Attorney and Client, 88 129, 165; Landlord and Tenant, §§ 22, 231; Master and Servant, $$ 40, 41, 80, 252, 289; Partnership, 88 316-328.

Bailor and bailee, see Bailment, § 32. Creditors and sureties, see Principal and Surety, 88 139–155.

Husband and wife, for annulment of marriage, see Marriage, §§ 60, 61.

Indemnitors and indemnitees, see Indemnity, § 15.

Mortgagor and mortgagee, see Mortgages, 461-530.

Principal and broker, see Brokers, §§ 38, 86, 88.

§ 5. The presentation of the accounts of a Actions by or against particular classes of city officer to an auditing board held not to create an account stated between the city and the officer.-City of Syracuse v. Roscoe (Sup.) 403.

7. Effect as to sureties of account stated between the obligee and the principal debtor stated. Chicago Crayon Co. v. Slattery (Sup.) 987.

ACCRUAL.

Of right of action or defense as affecting limitation, see Limitation of Actions, § 54.

ACCUMULATIONS.

Restrictions on trusts for accumulation, see
Perpetuities, § 9.

ACCUSATION.

Of crime, indictment or information, see Indictment and Information.

Of crime, preliminary complaint or affidavit, see Criminal Law, § 212.

ACKNOWLEDGMENT.

Operation and effect of admissions as evidence, see Evidence, §§ 213, 265.

ACQUIESCENCE.

persons.

See Associations, § 20; Brokers, § 38; Carriers, 88 317-320, 408; Corporations, $$ 672, 673; Executors and Administrators, §§ 426, 439; Infants, 83; Landlord and Tenant, §§ 22, 231, 296, 310; Master and Servant, $$ 80, 252, 289, 302, 332: Municipal Corporations, §§ 402, 404, 818-821, 1023; Partnership, § 203; Physicians and Surgeons, § 24; Railroads, §§ 441, 443; Schools and School Districts, § 117, 123; Street Railroads, §§ 112, 117; Theaters and Shows, § 6; Towns, § 70; Warehousemen, § 34.

Attorneys, see Attorney and Client, §§ 129,
165.

Banks, see Banks and Banking, § 154.
By creditors to recover proceeds of insur-
ance, see Insurance, § 590.

Depositors, against bank to recover deposits,
see Banks and Banking, § 154.
Devisees or legatees, see Wills, & 748.
Foreign corporations, see Corporations, §§ 672,
673.

Heirs or distributees, see Descent and Dis-
tribution, § 91.

Indemnitors, see Indemnity, § 15.

Mortgagors or mortgagees, see Mortgages, §§ 461-530.

Officers and agents of corporations in general, see Corporations, § 360.

Sureties, see Principal and Surety, §§ 139155.

Sureties on bonds or undertakings on arrest or discharge therefrom, see Arrest, § 56. Trustees in bankruptcy, see Bankruptcy, $$ 279, 303.

Ground of estoppel to appeal, see Appeal, § 154. Trustees, see Trusts, § 247.

ACTION.

Accrual, as affecting limitations, see Limitation of Actions, § 54.

Bar by former adjudication, see Judgment, §§

596, 603.

Damages recoverable, see Damages.
Election of remedy, see Election of Remedies.
Forbearance to sue or defend, as considera-
tion for contract, see Contracts, §§ 71, 83.
Jurisdiction of courts, see Courts.
Limitation by statutes, see Limitation of Ac-
tions.

Malicious actions, see Malicious Prosecution.
Right to trial by jury, see Jury, § 26.

Actions relating to particular species of prop-
erty or estates.

Demised premises, see Landlord and Tenant,
§§ 231, 296, 310.
Mortgaged property, see Mortgages, §§ 461-
530.
Trust estates, see Trusts, § 247.

Particular causes or grounds of action.
See Account Stated; Assault and Battery &
27: Bailment, § 32; Bills and Notes, $$ 445-
527; False Imprisonment, § 20; Indem-
nity, 15; Insurance, §§ 623, 688; Libel

and Slander, §§ 86, 111; Malicious Prosecu- | Recovery of deposits, see Banks and Banking, tion, 88 49, 71; Money Received. $154. Appropriation of property for public use, see Eminent Domain, § 273.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER