 | Alabama. Supreme Court - 1846 - 1104 σελίδες
...Sherrod's use. Many of the cases cited upon the first point examined by us, show very distinctly, that the assignee of a chose in action takes it subject to all the equities existing at the time of the assignment, and that the right to set off a debt is one of these... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 σελίδες
...Given, 8 John. 137. Jackson v. Van Valkenburgh, 8 Cowen, 260.) Nor is the case within the rule that an assignee of a chose in action takes it subject to all the equities existing against it in the hands of the assignor. The only application that has ever been... | |
 | William Johnson, New York (State). Supreme Court - 1849 - 866 σελίδες
...and protested, is not a payment of a former debt, or deemed an execution of a former contract. 2d. The assignee of a chose in action, takes it subject to all equity as in the hands of the assignor. 3d. The action for mesne profits is an equitable action in... | |
 | Great Britain. Court of Chancery, Sir Steuart Macnaghten, Alexander Gordon - 1850 - 804 σελίδες
...that town. Christ's Hospital v. Grainger. Page 460 CHOSE IN ACTION. Notwithstanding the rule, that the assignee of a chose in action takes it subject to all equities subsisting against it in the hands of the assignor, the parties entitled to such equities... | |
 | Herbert Broom - 1852 - 616 σελίδες
...already adverted, and which likewise falls within the scope of the maxim now under consideration, that the assignee of a chose in action takes it subject to all the equities to which it was liable in the hands of the assignor ; and the reason and justice of this rule,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1860 - 600 σελίδες
...evidence with respect to It, which was objected to when taken, mast be disregarded at the hearing. The assignee of a chose In action takes it subject to 'all equities existing between the parties to the Instrument, but not to any latent equities which some... | |
 | Nathan Howard (Jr.) - 1852 - 576 σελίδες
...assignable at law; and from this it is inferred that it is subject to •all equitable defences or set offs. The assignee of a chose in action takes it subject to all equitable defences existing in favor of others before the assignment; and it is because such assignee... | |
 | Benjamin Lynde Oliver - 1853 - 654 σελίδες
...possibility, nor a personal trust, nor mere matters of case and favor, can be assigned. In genera!, the assignee of a chose in action takes it subject to all the equity, which existed between the original parties. 2 Johns. R. 438, 595' claim existing at the time of the... | |
 | Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - 1853 - 976 σελίδες
...them to set up a claim of equities on account of the absence of such a statement ? It is plain that the assignee of a chose in action takes it subject to all existing equities: Coles v. Janes (c). That is the case of the assignee of a bond ; and yet a bond... | |
 | New York (State). Court of Chancery, Alonzo Christopher Paige - 1854 - 762 σελίδες
...as the assignee of the judgment, is in no better situation than Wise ; for it is well settled that the assignee of a chose in action takes it subject to all equities which 1829 existed against it in the hands of the assignor. There must Haggerty be a decree... | |
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It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor... 
