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action actual alleged allowed Amendments Appeals applied authority Bank cause of action City claim clause CODE commerce Commission common Company conclusion condition considered constitutional contract contribution controversy Corp corporation court creditor damages death decision declaratory judgment defendant denied Dept determine discussion doctrine doubt duty effect Estate evidence existence fact Federal felony give given gold granted ground held holding injury interest involved issue judges judgment judicial jurisdiction Justice legislation liability limited matter means merely Michigan Misc N. Y. Supp nature negligence opinion parties person plaintiff practice present principle problem proceedings question reason refused relation relief result rule says seems share situation statute suit supra note Supreme Court tender testimony theory tion tort Trust United wrong York