 | William John Tossell - 1912 - 940 σελίδες
...governed by equitable rules for its protection and enforcement. "It is undoubtedly the general rule that the assignee of a chose in action takes it subject to all the equities existing against it in the hands of his assignor, and can acquire no greater right or interest... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 740 σελίδες
...cited the learned court reasserts the rule in these words : " It is undoubtedly the general rule that the assignee of a chose in action takes it subject to all the equities existing against it in the hands of his assignor, and can acquire no greater right or interest... | |
 | Robert Campbell, Irving Browne - 1896 - 932 σελίδες
...Fairbanks v. Sargent, 104 New York, 108; 58 Am. Rep. 490 : " It is undoubtedly the general rule that the assignee of a chose in action takes it subject to all the equities existing against it in the hands of his assignor, and can acquire no greater right or interest... | |
 | 1898 - 1264 σελίδες
...cited, the learned court reasserts the rule in these words: "It is undoubtedly the genoral rule that the assignee of a chose In action takes it subject to all the equities existing against it in the hands of the assignor, and can acquire no greater right or interest... | |
 | 1904 - 1108 σελίδες
...to prove the assignability of such an Annuity.] Then as to the trustees in the settlement — true, the assignee of a chose in action takes it subject to all the equities with which it is invested. But this is only where he has express notice of those equities.... | |
 | George Washington Kirchwey - 1902 - 552 σελίδες
...better condition than the person from whom he derived his title? It is a well-settled principle that the assignee of a chose in action takes it subject to all the equities which existed against it in the hands of the assignor." In this case the defense to the foreclosure... | |
 | Louis Arthur Goodeve - 1904 - 548 σελίδες
...to prevent the transfer or payment of the fund without notice to the assignee obtaining the order." The assignee of a chose in action takes it subject to all equities existing between the assignor and the debtor or trustee at the time when the assignment becomes... | |
 | Colorado. Court of Appeals - 1896 - 652 σελίδες
...of set-off. In Ward v. Whitaker, 6 Mich. 133, the court said : " No rule is better settled than that the assignee of a chose in action takes it subject to all equities existing between the debtor and creditor. It is not necessary that the equities should exist... | |
 | 1906 - 1098 σελίδες
...certain, complete, pfompi, and efficieut to attain the ends of justice as the remedy in equity. 8. The assignee of a chose In action takes It subject to all the defenses which could have been set up against It In the hands of the assignor at the time of the assignment.... | |
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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... 
