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" The transferee of overdue negotiable paper takes it liable to all the equities to which it was subject in the hands of the payee. But those equities must attach to the paper itself, and not arise *from any collateral transaction. "
The American and English Encyclopedia of Law - Σελίδα 306
επεξεργασία από - 1897
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835 - 824 σελίδες
...is liable, the amouut may be recovered from him by action. When he comes forward, he claims the fund liable to all the equities to which it was subject in the bankers' hands, and no more. If the trustees had been proceeding in execution of the trusts, they might...

Reports of Argued and Determined in the Courts of Exchequer and ..., Τόμος 2

Great Britain. Court of Exchequer - 1836 - 816 σελίδες
...is liable, the amount may be recovered from him by action. When he comes forward, he claims the fund liable to all the equities to which it was subject in the bankers' hands, and no moreIf the trustees had been proceeding in execution of the trusts, they might...

The Attorney's New Pocket-book, Notary's Manual, and Conveyancer's Assistant ...

Richard Shipman - 1840 - 794 σελίδες
...this evil as far as possible ; for though they have decided that the assignee of a chose in action takes it liable to all the equities to which it was subject inrthe hands of the assignor,1 yet they enable him to protect himself against the acts of the assignor...

The Law Times, Τόμος 10

1848 - 562 σελίδες
...ground a new trial would be granted. The holder of a bill endorsed after it is due, takes it subject to all the equities to which it was subject in the hands of the endorser ; and it was enough, therefore, to shew that Edwards had agreed to indemnify Lord Ingestre....

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 5

Louisiana. Supreme Court, Merritt M. Robinson - 1845 - 620 σελίδες
...mistake not, that all assignees, whether conventional or legal, take the property assigned, .subject to all the equities to which it was subject in the hands of the assignor. The property passes in the same condition and plight as it was possessed by the bankrupt,...

A New Abridgment of the Law with Large Additions and Corrections, Τόμος 7

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 σελίδες
...recover the amount due on it, although, without such inducement, the assignee would have taken the bond liable to all the equities to which it was subject in the hands of the assignor. Buckner v. Smith, 1 Wash. 295; Woodson v. Barrett, 1 Hen. & Mumf. 80.gr || And if the obligor,...

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 1

Great Britain. Court of Chancery, Thomas Jodrell Phillips - 1847 - 1016 σελίδες
...taken will, in the hands of the judgment creditor, be liable to all of the (a) \ P. Wmi. 277. , 184.6. the equities, to which it was subject in the hands of the Debtor, as were not bound by the judgment. It would be of no avail to protect equitable interests against...

Reports of Cases Decided in the High Court of Chancery ...: With Notes and ...

Great Britain. Court of Chancery - 1848 - 754 σελίδες
...against the writ. The land taken will, in the hands [*732] of the judgment creditor, be liable to all of *the equities, to which it was subject in the hands of the debtor, as were not bound by the judgment. It would be of no avail to protect equitable interests against...

A Digest of the Reported Decisions of the Superior Court of the ..., Τόμος 1

1852 - 890 σελίδες
...general principle, that all assignees, whether conventional or legal, take the property assigned, subject to all the equities to which it was subject in the hands of the assignor. The property passes in the same condition and plight, as it was possessed by the bankrupt,...

Reports of Cases at Law Argued and Determined in the Supreme Court ..., Τόμος 2

North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1855 - 512 σελίδες
...due, he takes it subject to all the payments which have been made on it to the endorser, and, indeed, to all the equities to which it was subject in the hands of the endorser. (See Haywood v. McJVair, 2 Dev. and Bat. Eep. 283.) This is said to bcreawttMtWC^^ecause...




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