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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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The Michigan Judicature: And Miscellaneous Practice Acts, with ..., Τόμος 1

Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds - 1920 - 1292 σελίδες
...claim, when assigned, becomes due from the debtor to the assignee. Hanselman v. Doyle, 90 Mich. 144. 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...

Cases Argued and Determined in the Supreme Court of the State of ..., Τόμος 68

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...

The Pacific Reporter, Τόμος 226

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...

Mews' Digest of English Case Law: Containing the Reported Decisions ..., Τόμος 4

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...

California Jurisprudence: A Complete Statement of the Law and ..., Τόμος 19

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...

Select Cases on the Law of Trusts

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...

The Federal Reporter, Τόμος 134

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,...

The Federal Reporter, Τόμος 78

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...

A Treatise on the Law and Practice of Mortgage Foreclosure on Real ..., Τόμος 1

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...

The English Reports: House of Lords (1677-1865), Τόμος 10

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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