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" It is a general and well settled principle that the assignee of a chose in action takes it subject to... "
United States Reports: Cases Adjudged in the Supreme Court - Side 320
av United States. Supreme Court - 1870
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Reports of Cases Argued and Determined in the High Court of ..., Volum 3

Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 sider
...immediately on failure of performance of the covenant, but at any time after, at their discretion. The assignee of a chose in action takes it subject to all the equities to which it was liable in the hands of the original grantee. Qua re, Whether the pension from Government...
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A Digest of the Laws of England, Volum 7

Sir John Comyns - 1822 - 1074 sider
...riioorc. in action. 1. The assignee's rights and equities are co-extensive only with thu assignor's. The assignee of a chose in action takes it subject to all the equities to which it was liable in the hands of the original grantee. Priddy v. Rose, 3 Mer. 86. 2. Effect of...
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Volum 7

New York (State). Court of Chancery, William Johnson - 1824 - 748 sider
...reversing the decree of the Court of Chancery. Evertson v. Booth, 20 JR 499. ASSIGNMENT AND ASSIGNEE. 1. The assignee of a chose in action, takes it subject to all the equity of the original debtor, or obligor, at the time, but not to any latent equity residing in a...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volum 1

Elijah Paine, United States. Circuit Court (2nd Circuit) - 1827 - 748 sider
...claim no greater rights under the mortgage than he could. It is a general and well settled principle, that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor. This was the doctrine laid down in...
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A General Abridgment and Digest of American Law: With Occasional ..., Volum 9

Nathan Dane - 1829 - 982 sider
...OF ASStlMPSIT. ASSIGNMENTS. ART. 1. ^ 7. Assignments in Equity. It is a well settled rule, that Con. the assignee of a chose in action, takes it subject to all the equity of the assignor at the time, but not to any latent equity residing 2 Johns, Ch. contract, for...
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A General Abridgment and Digest of American Law: With Occasional ..., Volum 9

Nathan Dane - 1829 - 956 sider
...ASSUMPSIT. ASSIGNMENTS. ART. 1. § 7. Assignments in Equity. It is a well settled rule, that Con. ihe assignee of a chose in action, takes it subject to all the equity of the assignor at the time, but not to any latent equity residing in a third person, against...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 6

New Jersey. Court of Chancery - 1851 - 694 sider
...party to them, because they were subject to it in the hands of the assignor. The Chancellor said, that the rule that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor is generally understood to mean the...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volum 5

United States. Circuit Court (1st Circuit), William Powell Mason - 1831 - 636 sider
...attaches to the debt itself. Where a chose in action is assigned, it may be admitted, that the assignee takes it subject to all the equities existing between the original parties, as to that very chose in action, so assigned. But that is very different from admitting, that he takes...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volum 3

Jacob D. Wheeler - 1834 - 626 sider
...Chan. Rep. 443. And to the pcr £•„,.. Thompson-, J. It is a general and well settled principle, that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor, and where the assignee might have obtained...
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A Digest of the Laws of England Respecting Real Property, Volum 1

William Cruise, Henry Hopley White - 1835 - 486 sider
...exception to this rule, for he might always either grant or receive a chose in action by assignment. 27. An assignee of a chose in action takes it subject to all the equity to which it was liable in the hands of the original party. 28. A defeasance on a bond, or recognisance,...
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