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trial judge knows instantly whether the defendant is insured. In the majority of accident or negligence cases the defendant is insured, and the lawyers who defend the casualty companies, and their entourage and surroundings, are familiar to jurymen as well as to judges. Indeed, jurymen sometimes observe like things when

judges do not. The notion that jurymen find verdicts against corporations is also false, and degrading and unjust to our jurymen, if not to our trial judges also.6

Per Gaynor, J., in Rinklin v. Acker (1908) 125 App. Div. 244, 109 N. Y. Supp. 125. G. S. G.

COMBINED INDEX

OF

NOTES AND CASES.

ACCELERATION.

Effect on note of "acceleration clause"
in mortgage securing note. 56-185
(case p. 175).

ACCIDENT.

Definition of, see WORDS AND PHRASES.

ACCIDENTAL DEATH.
Definition of, see WORDS AND PHRASES.

ACCIDENTAL INJURY.
Definition of, see WORDS AND PHRASES.

ACCIDENTAL MEANS.
Definition of, see WORDS AND PHRASES.

ACCOUNTING.

Right of one whose name has been forged
to a deed to an accounting. 56-578.

ACCREDITED TRAINING SCHOOL
FOR NURSES.

Definition of, see WORDS AND PHRASES.

ACTION OR SUIT.

Accrual of cause of action.

When cause of action arises for wrongful
delivery of goods by carrier. 56-
1167.

Defenses open under plea.
Defenses open under plea of not guilty in
forcible entry and detainer. 56-797.

Joinder.

Joinder of causes of action. 56-175.

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Right to consider appeal not taken within
time limited by statute. 56-903.

Bringing facts into record.

When facts should be brought into the
record. 56-1117.

Failure to discuss errors.

Failure to argue contention as waiver.
56-784.

Raising question below.

Effect of failure to appeal from ruling.
56-953.

Question not raised below. 56-853.
Raising for first time on appeal question
of responsiveness of judgment to ver-
dict. 56-853.

Review and determination.
Conclusiveness of decision as to material-
ity of evidence. 56-784.

Reviewing evidence on appeal to establish
material fact. 56-784.

Review of findings. 56-734.

Rehearing.

Right to rehear facts on appeal from Pub-
lic Utilities Department. 56-784.
Presumptions and inferences.
Assumption of truth of testimony on ap-

peal from directed verdict. 56-1127.
Indulging inferences in support of find-
ings and judgment. 56-860.
Presumption as to correctness of recitals.
56-697.

What reviewable.

Denial of affirmance of order not final in
its nature. 56-697.

The dash in each citation stands for A.L.R.

1551

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ARREST.

Unlawful arrest as bar to prosecution
under subsequent indictment or in-
formation. 56-260 (case p. 257).

Assignability of claim or contract.
Assignability of claim on executed con-

tract. 56-1387.

Assignability of executory contract. 56-
1387.

matured claim.

Claim under contract of property insur-
ance as assignable after loss. 56-
1391 (case p. 1387).

Validity of assignment of matured claim
on insurance policy. 56-1387.

ASSUMPSIT.

Money received.

Action for money had and received to re-
cover proceeds of mutual benefit cer-
tificate. 56-1117.

Gist of action for money had and received.
56-1117.

ATTORNEY GENERAL.

Liability of.

Effect of securing appointment for pur-
pose of prosecution. 56-1239.

for malicious prosecution.
Immunity of prosecuting officer from
action for malicious prosecution.
56-1255 (cases pp. 1217, 1239).
Liability for malicious prosecution.
1239.

ATTORNEYS.

56-

Duty of attorney to obey request of court,
see CONTEMPT.

Duty to call or produce witnesses.
Duty of attorney to call witness or to
procure or aid in procuring his at-
tendance. 56-174 (case p. 169).
Duty of attorney to produce witnesses.
56-169.

failure to follow instructions.
Attorney's liability for failure to follow
client's instructions. 56-962 (case
p. 953).

AUTOMOBILES.

As baggage subject to innkeeper's lien,
see INNKEEPERS.

Automobile as subject to innkeeper's lien,
see INNKEEPERS.

Intoxicated driver.

Civil liability of person driving automo-
bile while under influence of liquor,
constitutionality and effect of statute
relating to. 56–327 (case p. 317).

Italic type indicates points with annotation; roman type points without.

Construction of statute raising conclusive
presumption as to incapacity of in-
toxicated automobile driver. 56-317.
Propriety of instruction as to intoxication
of driver of automobile, see TRIAL.
Purpose of act raising conclusive presump-
tion as to incapacity of intoxicated
automobile driver. 56-317.
Statutory conclusive presumption of in-
capacity of intoxicated driver not de-
nial of due process of law, see CON-
STITUTIONAL LAW.

Owner's duty to guest.
Duty of owner of automobile to guest car-
ried as passenger.
56-1403.

BAGGAGE.

Definition of, see WORDS AND PHRASES.
Innkeeper's liability to guest for loss of
baggage, see INNKEEPERS.

BAIL.

Compelling acceptance by mandamus of
sureties tendered on bail bond, see
MANDAMUS.

Who may act as bail.
Nonresidence of sureties tendered on bail

bond as ground of rejection. 56-
1094.

Qualification of surety on bail bond as
affected by lien or encumbrance on
his real property. 56-1097 (case
p. 1094).

BAILMENT.

Liability of carrier or other bailee be-
cause of misinformation as to time
or place of arrival or storage of
goods. 56–1382 (case p. 1377).

BANKRUPTCY.

Payment voidable under bankruptcy act
as discharge of surety, guarantor,
or indorser. 56-1363 (case p.
1358).

BANKS.

Knowledge of bank officer as guardian,
see NOTICE.

Liability of stockholders.
Discharge of stockholder's liability by vol-

untary payment to particular credi-
tor. 56-521.

Enforcement of statutory liability of
stockholder. 56-521.

Payments by stockholders applicable up-
on double liability. 56-527 (case
p. 521).

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Effect of indorsement on face of note.
56-230.

Guarantor in separate instrument of
mortgage securing promissory note
not indorser of note. 56-915.
Indorsement of bill or note by writing
not on instrument itself. 56-921
(case p. 915).

The dash in each citation stands for A.L.R.

56 A.L.R.-98.

-

consideration for.
Right of maker or other party to trans-

fer, to make defense that paper was
transferred on gambling consider-
ation. 56-1322 (case p. 1320).

-liability of indorser.

Effect of words "credit the drawer" upon
liability of indorser. 56-230.
Personal liability of corporate officer sign-
ing note with direction to "credit the
drawer." 56-230.

Words, "credit the drawer," on note, as
affecting liability of one who signs
before delivery. 56-232 (case p.
230).

Necessity of presentment.
Discharge of indorser of promissory note
by failure to present. 56-915.

Implied waiver of demand.
Payment on note as waiver of demand or
notice. 56-915.

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Extent of liability.

Effect of receivership for bank upon time
limit of fidelity bond of employee.
56-1257.

Insolvency of obligee as extending time
allowed by fidelity bond for discovery
of default. 56-1263 (case p.
1257).

Right to set up defense.

Waiver of time limit in fidelity bond by ac-
ceptance of proof of loss. 56-1257.

BROKER.

Definition of, see WORDS AND PHRASES.

BROKERS.

Who are brokers.
Person engaging in single or casual
transaction not broker. 56-482.
When attorney acts as broker. 56-482.
Who is real estate broker within mean-
ing of statute. 56-480 (case p.
476).

Written authority.

Recovery on quantum meruit for services
rendered by broker under contract not
in writing as required by statute.
56-780.

Requirement that contracts of real estate
brokers be in writing as within police
-power, see CONSTITUTIONAL LAW.

Compensation.

Right of director to commission for selling
corporate property. 56-476.

-acting for both parties.

Right to act for both buyer and seller.
56-421.

Right to act for vendor after employment
by purchaser. 56-421.

Sufficiency of services.

When commission earned for procuring
purchaser for real property. 56-476.
Defects in vendor's title.
Failure of title as fault or default of
owner within exception in contract-
ual provision denying broker's right
to commissions if sale is not closed
56-913 (cases pp. 903, 910).

Default of vendor.

Right to commission on failure of sale for
default of vendor. 56-910.

BONDS.

BUILDINGS.

Breach of bond.

What amounts to embezzlement or lar-
ceny within fidelity bond. 56-967
(case p. 964).

Regulating height.

Authority to establish minimum height of
buildings, under zoning act granting
power to "regulate" and "limit."
56-242.

Italic type indicates points with annotation; roman type points without.

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