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PROCEDURE REPORTS

CONTAINING CASES UNDER THE

CODE OF CIVIL PROCEDURE

AND

THE GENERAL CIVIL PRACTICE

OF THE

STATE OF NEW YORK

REPORTED WITH NOTES

BY

PERCIVAL S. MENKEN, PH.D., LL.B.

EDITOR OF NEW YORK LAW RECORD

WITH A REFERENCE TO THE Sections of the CODE OF CIVIL PROCEDURE CONSTRUED
IN THE OPINIONS CONTAINED IN THE FOLLOWING REPORTS, ISSUED DURING THE
PERIOD COVERED BY THIS VOLUME: NEW YORK REPORTS, VOLS. 164,

165; APPELLATE DIVISION REPORTS, VOLS. 51 TO 57, INCLUSIVE;

MISCELLANEOUS REPORTS, VOLS. 31 TO 33 INCLUSIVE,

AND NEW YORK CIVIL PROCEDURE Reports,
VOL. 31.

VOLUME XXXI

NEW YORK

S. S. PELOUBET

LAW BOOKSELLER AND PUBLISHER

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Sections of the

Code of Civil Procedure.

Life insurance; action by insured's administra-
tor;
effect of clause giving choice of beneficiary

to insurance company.

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Rights for trial court; bringing in new parties
and amended pleadings accordingly.

Pleading; implied agency of wife to bind hus-
band for necessaries.

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