| Colorado. Supreme Court - 1921 - 664 σελίδες
...creditor to set off his judgment against an assignee. This decision simply invokes the familiar rule that the assignee of a chose in action takes it subject to all defenses which might have been pleaded against it in the hands of the original owner, and has no application... | |
| 1924 - 1214 σελίδες
...Assignments <8=>IOO— Rights of assignee Of chose In action as to existing claims and equities stated. The assignee of a chose in action takes it subject to all existing claims and equities and acquires no greater interest therein than his assignor had at the... | |
| John Mews - 1925 - 902 σελίδες
...debentures : — Held, that there was nothing in the debentures to take them out of the ordinary rule, that the assignee of a chose in action takes it subject to all the equities between the original parties to the contract ; and that the holder of these debentures could... | |
| 1925 - 1126 σελίδες
...knowledge nor notice of anything to put him on inquiry.3 This is in conformity with the rule that although 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, the equities meant are such as obtain... | |
| George Purcell Costigan - 1925 - 1056 σελίδες
...quoting from the well-considered 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 obtain... | |
| 1905 - 1060 σελίδες
...and its jurisdiction of this suit is complete. But counsel for Richard M. Neely insist that, while an assignee of a chose in action takes it subject to all the defenses that could at the time of the assignment be presented against it in the hands of the assignor,... | |
| 1897 - 1060 σελίδες
...claim growing out of an Iowa contract, and out of acts happening in Iowa. Under the statute of Iowa the assignee of a chose in action takes it subject to all defenses existing in favor of the debtor, and therefore in this court, as well aa in the courts of... | |
| Charles Hastings Wiltsie - 1927 - 970 σελίδες
...defense he would have had in a suit brought by the mortgagee, on the well established principle that the assignee of a chose in action takes it subject to all the equities against it in the hands of the assignor.48 A mortgage, not being transferable at law by delivery... | |
| 1901 - 1712 σελίδες
...them to set up a claim of equities on account of the absence ci such a statement? It is plain that the assignee of a chose in action takes it subject to all existing equities : Coles v. Jones (2 Vern. 692). That is the case of the assignée«' a bond : and... | |
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