ACCIDENTAL which was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over the other in a court of law. Jeremy, Eq. 358. This definition is objected to because, as accidents may arise in relation to other things besides contracts, it is inaccurate in confining accidents to contracts; besides, it does not exclude cases of unanticipated occurrences resulting from the negligence or misconduct of the party seeking relief. See, also, 1 Spense, Eq. Jur. 628. An unforeseen or unexpected event occurring external to the party affected by it, and of which his own agency is not the proximate cause whereby, contrary to his own intention and wish, he loses some right which it would be a violation of good conscience for the person obtaining to retain. 2 Pom. Eq. Jur. § 823. It differs from "mistake" in that the latter is based on a voluntary action of the person affected under a mistaken impression. Legal Meaning. An event which is the result of an unknown cause or is the result of an unusual and unexpected event happening in such an unusual manner from a known cause that it could not be reasonably expected or foreseen and not the result of any negligence. Cornwell v. Bloomington, etc., Ass'n, 163 Ill. App. 467. That which happens without the fault of anybody. Nelson v. Richardson, 108 Ill. App. 126. ACCIDENTAL. Event Due to Obscure Cause. Where an event takes place the real cause of which cannot be traced or is at least not apparent, it ordinarily belongs to that class of occurrences which are designated as purely accidental. Chicago & E. I. R. Co. v. Reilly, 212 Ill. 511. ACCIDENTAL DEATH, Accident Insurance. A death from taking an overdose of morphine is an "accidental death," with ACCIDENTAL MEANS in the meaning of a policy of accident insurance, where it appears that morphine taken in small quantities is not poisonous, and that the taking of the overdose was unintentional. Pixley v. Illinois, etc., Ass'n, 195 Ill. App. 137. Antithesis of "Intentional." An accidental death is one which is undesigned or unintended, the word "accidental," in that connection, being the antithesis of "intentional.” Pixley v. Illinois, etc., Ass'n, 195 Ill. App. 137. ACCIDENTAL MEANS. Accident Insurance. In an action to recover on a policy of accident insurance, where it appears that the injury was caused by external and violent means, the presumption against self-inflicted injuries and murder will prima facie prove that the injury was by "accidental means," within the meaning of the policy. Wilkinson v. Aetna, etc., Co., 144 Ill. App. 66. Breaking Leg in Fight. The breaking of a leg in a fight which was started by insured is an injury by "accidental means," within the meaning of the policy of accident insurance, although the insured started the fight; where the injury was the result of an accident occurring during the fight which produced an unusual and unexpected result. Hutton v. States, etc., Co., 186 Ill. App. 501. Unintended and Unanticipated Result. If the insured's act was attended with an unexpected and unusual result-one which could not have been reasonably anticipated, and which he did not intend to produce, that is, was not the natural or probable consequence of his act, and was not the result of design, but was produced unexpectedly and by chance the injury was caused by accidental means within the meaning of policies of accident insurance. Robison v. U. S., etc., Co., 192 Ill. App. 477. ACCOMMODATION Whatever supplies a want or affords ease, refreshment or convenience; any- A loan of the maker's credit without "A negotiable or non-negotiable bill or note, made by one who puts his name thereto, without consideration, with the ACCOMMODATION TRAIN. One running at moderate speed, and Common Meaning-Implies Train Stop- In the general understanding, an ac- commodation train is one arranged to stop at most of the stations to accommo- date that part of the passenger travel which is local, the demands of which are not met by through trains. Gray v. ACCOMPLICE. One who is associated with another in One who is in some way concerned in the commission of a crime, though not as a principal, including all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as acces- sories before or after the fact; one of ACCORD AND SATISFACTION Applicable to Person Turning State's The term "accomplice" is generally applied to those who are admitted to give evidence against their fellow criminals for the furtherance of justice which ACCORD. A satisfaction agreed upon between operates as a bar to all actions upon that account. Bailey v. Cowles, 86 Ill. 335; Aetna, etc., Co. v. Stevens, 48 Ill. 33. ACCORD AND SATISFACTION. Where a debtor sends to the creditor 147 Ill. App. 552; Northwestern, etc., Co., v. Crawford, 126 Ill. App. 481; Canton, Acceptance of Money in Satisfaction. The payment and acceptance of money Acceptance of Part. Where the amount of the debt is fixed to certainty by computation, the pay- ment of part is not an accord and satis- faction without a release under seal, but where unascertained and not fixed or certain, the payment and acceptance in satisfaction of a less sum will support a plea of accord and satisfaction. Martin ACCOUNT ACCORDING TO THE PROVISIONS OF LAW. Cities and Villages Act-Refers to Civil Service Act. The expression "according to the provisions of law," used in sections 31 and 32 of the act of 1895 (J. & A. 1830, 1831), known as the Civil Service Act, relating to the payment of salary or wages, refers to the provisions of the Civil Service Act and not to those of the law generally. People v. Loeffler, 175 Ill. 596. ACCOUCHEMENT. The act of giving birth to a child. ACCOUNT. A detailed statement of mutual demands in the nature of debt and credit between the parties, arising out of contract or some fiduciary relation. 45 Mo. 573. A written statement of pecuniary transactions. Abbott. It is to be distinguished from "balance," which is but the conclusion or result of the account. 45 Mo. 574. Some matter of debt or credit, or of a demand in the nature of a debt or credit, between the parties, arising out of a contract or fiduciary relation, or from some duty imposed by law, not required to be in any particular form or necessarily to contain detailed information. State v. Illinois C. R. Co., 246 Ill. 227. A detailed statement. Moyses v. Rosenbaum, 98 Ill. App. 9; Fred W. Wolf Co. v. Salem, 33 Ill. App. 617. As List or Catalogue. An account may be no more than a list or catalogue of terms, whether of debts or credits. State v. Illinois C. R. Co., 246 Ill. 227. Elements. An account must be something which will furnish the person having the right thereto, information of a character which will enable him to make some reasonable ACCOUNT BOOK test of its accuracy and honesty. Moyses v. Rosenbaum, 98 Ill. App. 9; Fred W. Wolf Co. v. Salem, 33 Ill. App. 617. Implies Series of Transactions. The word "account" implies, not a single transaction, but a series of transactions; not one purchase, but several purchases. Frost v. Standard, etc., Co., 116 Ill. App. 644. Meaning Depends on Connection. The word has no clearly defined legal meaning or definition, its meaning being flexible, and depending somewhat on surrounding circumstances and the connection in which it is used. State v. Illinois C. R. Co., 246 Ill. 227. Open Account. One which has not been closed or stated. Current Account. One kept open in expectation of further dealings. Book Accounts. Those evidenced by entries in books of account. Account Rendered. An account presented by the creditor to the debtor. ACCOUNT BOOK. A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the transactions of his trade or business. Such books, when regularly kept, may be admitted in evidence. Greenl. Ev. §§ 115-118. ACCOUNTABLE RECEIPT. An acknowledgment of the receipt of money to be accounted for by the person receiving it, as distinguished from a receipt for money paid in discharge of a debt. 1 Exch. 138. ACCOUNT STATED ACCOUNTANT GENERAL, OR ACCOMPTANT GENERAL. An officer of the English court of chancery, by whom the moneys paid into court are received, deposited in bank, and disbursed. The office appears to have been established by an order of May 26, 1725, and 12 Geo. I. c. 32, before which time the effects of the suitors were locked up in the vaults of the Bank of England, under the care of the masters and two of the six clerks. 1 Smith, Ch. Prac. 22. It is now abolished. 35 & 36 Vict. 44. ACCOUNT STATED. One which has been approved by the parties, and the balance shown by it agreed to either (1) expressly, or (2) impliedly, as by retaining an account rendered without objection. An agreement between parties who have had previous transactions of a monetary character, that all the items of the accounts representing such transactions are true and that the balance struck is correct, together with a promise express or implied, for the payment of such balance. Dean v. W. B. Conkey Co., 180 Ill. App. 178; See King v. McChesney, 88 Ill. App. 343 (quoting substance of definition). An agreed balance of accounts; an account which has been examined and accepted by the parties. Peterson V. Wachowski, 86 Ill. App. 663. An agreement between the parties to an account that all the items thereof are · correct. Neagle v. Herbert, 73 Ill. App. 27. Account Retained Unreasonable Time. Where an account is rendered to another and retained without objection for an unreasonable time, there is recognition by the latter of the correctness of the account, constituting an account stated. Dean v. W. B. Conkey Co., 180 Ill. App. 179. Employers' Liability Insurance. Where the premium to be paid on a policy of employers' liability insurance ACCOUNTED FOR was a percentage of the amounts paid by insured in wages, to be computed from correct reports furnished by insured to insurer, a statement of the amounts due made by insurer to insured, based on such reports, is not an "account stated," barring insured from recovering a balance of premium where the reports were incorrect, although insurer without objection received payments of the amount so stated to be due, the reports being not contemplated by the contract as a basis for the adjustment of a controversy, and the transaction being not independent of the original cause of action, or based on a new consideration and involving a promise to pay the amounts found to be due. Employers', etc., Corporation v. Kelly, etc., Co., 195 Ill. App. 630. New Cause of Action. An account stated is in the nature of a new promise or undertaking and raises a new cause of action. Dean v. W. B. Conkey Co., 180 Ill. App. 179. Repeated Promises to Pay Claim. An account stated is created when repeated promises to pay a claim are made at different times. Harvey v. Read, 207 Ill. App. 197. ACCOUNTED FOR. Administration Act-Means Devoted to Purposes of Administration. The expression "accounted for," used in section 70 of the Administration Act (J. & A. 119), as applied to executors, means that the property has been devoted by the executors to the purposes of the proper and due administration of the estate in pursuance of the will of the deceased. Auburn, etc., Bank v. Brown, 172 Ill. 286. Includes Conveyance as Will Directs. Where a will empowered executors to divide and partition land among devisees, the land is "accounted for," within the meaning of section 70 of the Administration Act (J. & A. 119), relating to the limitation of the time for presenting claims against the estates of deceased ACCRUE persons, when the executors allot the land to those entitled, convey and deliver possession of it to such persons and make report thereof to the court. Auburn, etc., Bank v. Brown, 172 Ill. 286. ACCOUNTING. Acknowledgment of Old Debt. An accounting is the acknowledgment of an old debt and not the statement of a new one. State v. Illinois C. R. Co., 246 Ill. 241. ACCREDIT. In international law. To acknowledge. Used of the act by which a diplomatic agent is acknowledged by the government near which he is sent, which makes his public character known, and becomes his protection, and also of the act by which his sovereign commissions him. ACCROACH. To attempt to exercise royal power. 4 Bl. Comm. 76. A knight who forcibly assaulted and detained one of the king's subjects till he paid him a sum of money was held to have committed treason on the ground of accroachment. 1 Hale, P. C. 80. In French Law. To delay. Whishaw. ACCRUE. To grow to; to be added to, as the interest accrues on the principal. Accruing costs are those which become due and are created after judgment; as the costs of an execution. To rise in due course; to become a present and enforceable demand. McGuigan v. Rolfe, 80 Ill. App. 259. Cause of Action. A cause of action may be said to "accrue," when the liability arises so far as to be enforceable. McGuigan v. Rolfe, 80 Ill. App. 259. A cause of action is said to accrue to |