Vol. XXXII] TABLE OF CONTENTS xvii References in heavy -faced type are to Notes and Book Reviews; in plain type to Recent Cases; and in italicized type to Articles. N NATURALIZATION. See Aliens. NEGLIGENCE. See also Animals; Contributory Negli- gence; Proximate Cause; Torts. Of agent, see under Agency. Of charitable organizations, see Char- ities and Trusts for Charitable Uses. Liability of maker or vendor of a chattel to a third person, see un- der Torts. Duty of care: Trespassing children. 434 Hospitals and other charitable cor- porations: liability for negligence of agents. 293 Defenses: Intervention of an illegal act. 293 NEGOTIABLE INSTRUMENTS. See Bills and Notes. NEW TRIAL. See also Appeal and Error. Grounds for granting new trial: Destruction of record w^ithout fault of appellant. 572 Nev? York rule of new trial for proceeding on wrong theory of the pleadings. 166, 179 Right of appellate court to give judgment on the evidence not- withstanding verdict. 711 O OFFER AND ACCEPTANCE. See also Bills and Notes; Choses in Action; Contracts. Bilateral contracts: Letters of credit. 10-13, 21-22, jj, 37-38 PLEADING. Pleading and procedure in equity, see Equity. Code practice in New York. 445 Theory of the pleadings. 166, 179 PLEDGES. Duty of pledgee to foreclose mortgage collateral on request of pledgor. 578 POLICE POWER. See also Constitutional Law; Interstate Commerce; Municipal Corpora- tions; States. Interest of public safety: Uncon- stitutionality of contract by mu- nicipal corporation surrendering highway control. 292 Regulation of trade, professions, and business: Limitation of fees of employment agencies. 856 Whether prohibiting employer from requiring employee to hand ^ over tips a valid exercise of police power. 173 POWERS. See also Executors and Administrators ; Wills. Execution of power of appointment by general devise or bequest. 437 PRESCRIPTION. See under Adverse Possession; Limita- tion of Action. PRINCIPAL AND SURETY. See Suretyship. PRIVILEGED COMMUNICATIONS. See Attorneys; Witnesses. PROCEDURE. See Pleading; Trial. PROCESS. Manner and effect of service : Serv- ice on foreign corporation. 879-885 Service on agent of nonresident do- ing business within a state. 874, 886-891 PROFITS A PRENDRE. What constitutes an abandonment. 735
