| Great Britain. Court of Chancery - 1827 - 724 sider
...availed yourself of that argument before. You cannot raise a purchaser higher than the infant himself. A purchaser of a chose in action must always abide by the case of the person, from whom he buys; that I take to be an universal rule. It is against a solvent estate... | |
| 1875 - 462 sider
...The court unqualifiedly adopted the maxim of Lord Thurlow in Darius v. Austin, 1 Yes. 247, that " a purchaser of a chose in action must always abide by the case of the person from whom he bnys." In Cu'ls v. Guild, 57 NY 229, decided mainly on the anthority of this... | |
| John Hoff Stewart - 1882 - 666 sider
...UnderhUl, 7 CE Gr. 606. The doctrine on this subject was stated with striking brevity by Lord Thurlow: " A purchaser of a chose in action must always abide by the case of the person from whom he buys ; that I take to be a universal rule." Duties v. Awsten, 1 Ves.jun. £47.... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1886 - 778 sider
...Ins., §§ 15, 16 ; Ex parte Chalmers, LR, 8 Ch. App. 28!) ; Morgan v. Bain, LR, 10 Eq. Gas. 15.) A purchaser of a chose in action must always abide by the case of the person from whom he buys. (Davies v. Austin, 1 Ves. 2-47 ; Bush v. Lathrop, 22 NY 535.1 FINCH,... | |
| Isaac Grant Thompson - 1887 - 1104 sider
...hands of a subsequent owner." The learned judge quotes the rulo laid down by Lord THURLOW, that "a purchaser of a chose in action must always abide by the case of the person from whom he buys.'' Bunk v. Lathrop has been criticised in subsequent cases, and so far... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 680 sider
...equities in favor of the appellant, a prior •endorser. In short, the appellee's position is that " a purchaser of a chose in action must always abide by the case of the person from whom he buys." This doctrine ruled the case of Bush v. Lathrop, 22 NY 535, and some... | |
| Norman Fetter - 1895 - 490 sider
...subject to all equities existing against the assignor, except in the case of negotiable paper.248 "A purchaser of a chose in action must always abide by the case of the person from whom he buys." 248 Thus, if the assigned debt is subject to a set.off, the assignee... | |
| New York (State). Supreme Court. Appellate Division - 1898 - 744 sider
...purchaser takes only the interest which his assignor had to part with, or as expressed by Lord THURLOW, ' A purchaser of a chose in action must always abide by the case of the person from whom he buys.' ' This (he said) I take to be the general rule.' (Davies v. An*th>,... | |
| William John Tossell - 1897 - 700 sider
...mortgagee had actual notice. In Davis v. Austin, 1 Vesey, jun., 247, Lord Chancellor Thurlow says: "a purchaser of a chose in action must always abide by the case of the person from whom he buys." The author cites in support of the statement of the rule just quoted... | |
| Robert Campbell, Irving Browne - 1896 - 932 sider
...Chief Justice planted himself upon Lord Thurlow's declaration, in Davies v. Austin, 1 Ves. 247 : " A purchaser of a chose in action must always abide by the case of the person from whom he buys," adding : " The rule as thus stated is the only logical one. In the transmission... | |
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