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" If the holder receives it after it is due, its nonpayment at maturity is notice to him of dishonor, and he takes it subject to all the equities existing between the original parties... "
The Southeastern Reporter - Side 6
1888
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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
...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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General Public Acts of Congress: Respecting the Sale and Disposition ..., Del 2

United States - 1838
...assignee of the pre-emption certificate (supposing it, for the purposes of this opinion, to be assignable) takes it subject to all the equities existing between the original parties — the United States and the settler to whom it was given — even though he had no notice of such...
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Official Opinions of the Attorneys General of the United States ..., Volum 3

United States. Attorney-General - 1852
...assignee of the pre emption certificate (supposing it, for the purposes of this opinion, to be assignable) takes it subject to all the equities existing between the original parties — the United States and the settler to whom it was given — even though he had no notice of such...
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A Collection of Overruled, Denied, and Doubted Decisions and Dicta, Both ...

Simon Greenleaf - 1856 - 548 sider
...McDonald ; 6 Hil1, 03. The holder of a negotiable note who receives it in payment of a precedent debt, takes it subject to all the equities existing between the original parties. Doubted, it seems, 14 Wend. 575 — Tracy, senator ; and 11 Wend. 500 — Beardsley, senator ; and...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 4

Illinois. Supreme Court - 1900
...errors or omissions as a defence to the action upon the note. Such note is assignable, but the assignee takes it subject to all the equities existing between the original parties, in relation to the settlement. Frink ct al. v. Ryan, 325 5. SfmUc, That where partners settle without...
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A Manual for the Use of Notaries Public and Bankers: Comprising a Summary of ...

Bernard Roelker - 1864 - 368 sider
...FUI.LARTON, 12 Casey's Pennsylvania, Reports, 105. 673. The equitable assignee of a chose in action takes it subject to all the equities existing between the original parties, unless he has made inquiry of the debtor, and the latter, by his conduct, has estopped himself from...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volum 6;Volum 73

United States. Supreme Court - 1870
...equity." 2. Are these assignees within the meaning of the rule that the assignee of a chose in action takes it subject to all the equities existing between the original parties ? In no Just sense. We here rely on what was said in the court below (Drurnmond, J.): "Admit the general...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865, to ..., Volum 4

Great Britain. Court of Exchequer - 1869
...Smith, lost the right to take advantage of the ordinary rule that the assignee of a chose in action takes it, subject to all the equities existing between the original parties to the contract: Mangles v. Dixon (8) ; In re Natal Investment Company (9); Ryall v. Rowles (10); Rawson...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 731 sider
...its face who receives it before maturity in payment of a precedent debt or responsibility incurred, takes it subject to all the equities existing between the original parties. So decided on the authority of Coddington v. Bay, 20 Johns. R. 637. But it was doubted in Driggs v....
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United States Reports: Cases Adjudged in the Supreme Court, Volum 73

United States. Supreme Court - 1870
...equity." 2. Are these assignees within the meaning of the rule that the assignee of a chose in action takes it subject to all the equities existing between the original parties? In no just sense. We here rely on what was said in the court below (Drummond, J.): "Admit the general...
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