| Joseph Asbury Joyce - 1907 - 1244 σελίδες
...quoting from the wellconsidered case of Duke v. Clark, 58 Miss. 465 (at page 474): '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, but the equities meant are such as obtained... | |
| Daniel Roberts, Robert Roberts - 1910 - 840 σελίδες
...conflicting assignments, see TRUSTEE PROCESS, 232, 233. 22. Assignee takes subject to existing equities. The assignee of a chose in action takes it subject to all the equity, existing at the time, in the original obligor or debtor. Foot v. Ketchum, 15 Vt. 258; Miller v. Bingham,... | |
| William Callyhan Robinson - 1910 - 832 σελίδες
...name, or in the name of the assignor, or must resort to equity, is determined by local statutes. Rem. The assignee of a chose in action takes it subject to all the equities subsisting between the assignor and the holder of the property assigned, unless the property... | |
| 1914 - 804 σελίδες
...in his own name, though the assignor retain an interest in it. — Brumback v. Oldham, 1 Idaho, 709. The assignee of a chose in action takes it subject to all equities existing at the time of the assignment. — Brumback v. Oldham, 1 Idaho, 709. In an action... | |
| George Washington Kirchwey - 1917 - 792 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... | |
| George Washington Kirchwey - 1917 - 804 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... | |
| Sir Howard Warburton Elphinstone - 1918 - 810 σελίδες
...power or the death, &c. of the donor had not happened. INQUIRIES BY ASSIGNEE OF CHOSE IN ACTION.—As the assignee of a chose in action takes it subject to all the son, [1898] 1 QB 765; 67 LJ 459; Batcman v. Hunt, [1904] 2 QB 484; Forster v. Baker, KB 530; 73 LJKB... | |
| Austin Abbott - 1918 - 964 σελίδες
...v. Equitable Life Assur. Soc., 171 Mass. 568, 51 NE Rep. 464. 62 Evertson v. Evertson, 5 Paige, 644. 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. Williams v. Neely, 134... | |
| 1905 - 842 σελίδες
...Mortgages," { 3. Corporate shares, see "Corporations," § 1. § 1. Bights and liabilities of parties. 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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