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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... "
Reports of Cases Adjudged in the Court of Chancery of New-York: Containing ... - Σελίδα 28
των New York (State). Court of Chancery, William Johnson - 1824
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Elphinstone's Introduction to Conveyancing: With an Appendix Dealing with ...

Sir Howard Warburton Elphinstone, Gilbert Harrison John Hurst, Lancelot Henry Elphinstone - 1906 - 676 σελίδες
...have been inserted if the Act had not been passed, except in the two last mentioned cases (HI). As the assignee of a chose in action takes it subject to all the equities affecting it (Rolf v. White, 31 Beav. 520 ; Goodeve, PP 130), or, in other words, takes only...

Law of Defenses in Actions on Commercial Paper: Including the ..., Τόμος 1

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...

The Vermont Digest, 1789-1905: A Digest of All the Reported ..., Τόμος 1

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,...

Elementary Law

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...

Digest of the Decisions of the Supreme Court of Idaho: Covering All Cases ...

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...

Kirchwey's Cases on the Law of Mortgage

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...

Kirchwey's Cases on the Law of Mortgage

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...

Elphinstone's Introduction to Conveyancing, with an Appendix Dealing with ...

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...

Trial Evidence: The Rules of Evidence Applicable on the Trial of ..., Τόμος 1

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...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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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