 In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory...  Laws of the Territory of Idaho - Side 78av Idaho (Ter.) - 1864Uten tilgangsbegrensning - Om denne boken
 | California - 1880 - 864 sider
...or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill...in good faith and upon good consideration, before maturity. Assignment— Account, 7 Cal. 389. Appeal bond, 6 Cal. 87. Contract, 31 Cal. 241; 44 Cal.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1880 - 654 sider
...purchased. Section 31 of the code of civil procedure provides that " in case of an assignment of a thing in action, the action by the assignee shall...without prejudice to any set-off or other defense now allowed; but this section shall not apply to negotiable bonds, promissory notes, or bills of exchange,... | |
 | North Carolina. Supreme Court - 1881 - 942 sider
...shall be without prejudice to any set-offer defence existing at the time of, or before notice of tha assignment ; but this section shall not apply to a...good faith and upon good consideration before due." A construction was given to this section by the court in Harris \. BurweU, 65 N. C, 584, where PEARSON,... | |
 | Iowa. Supreme Court - 1881 - 818 sider
...other should be protected." Section 2760 of the Revision provided that: " In case of an assignment of a thing in action, the action by the assignee shall...prejudice to any set-off or other defense existing before notice of the assignment; but this section shall not apply to negotiable instruments transferred... | |
 | Nebraska, Guy Ashton Brown - 1881 - 838 sider
...of the assignor. SEC. 81. [Assignment— Effect on equities.]— In the case of an assignment of a thing in action, the action by the assignee shall...without prejudice to any set-off or other defense now allowed ; but this section shall not apply to negotiable bonds, promissory notes, or bills of exchange,... | |
 | United States. Department of State - 1882 - 260 sider
...real party in interest, except as otherwise provided in this decree. 4. In case of an assignment of a thing in action the action by the assignee shall be...good faith, and upon good consideration before due. 5. When a married woman is a party, her husband shall be joined with her, except when the action concerns... | |
 | John Norton Pomeroy - 1882 - 844 sider
...In the case of an assignment of a thing in action, the action of the assignee shall be without any prejudice to any set-off or other defense existing...the assignment; but this section shall not apply to negotiable promissory notes, and bills of exchange [and negotiable bonds, Ohio, Kansas, Nebraska],... | |
 | Isaac Grant Thompson - 1882 - 962 sider
...been changed in this State by section 55 of the Code, so as to enable him to sue in his own name, but without prejudice to any set-off or other defense existing at the time of or before notice of assignment. This section, it will be seen, makes no change whatever in the law, except as to allowing... | |
 | Daniel T. Robertson, New York (State). Marine Court (New York), Edward Jacobs - 1883 - 646 sider
...suit. Section 112 of the code, among other things, provides that "In the case of an assignment of a thing in action, the action by the assignee shall...at the time of or before notice of the assignment." The language of this section apparently authorizes the set-off claimed by the defendants, but its spirit... | |
 | 1883 - 980 sider
...1848, provides: "In the case of an assignment of a tiling in action, the action by the assignee is without prejudice to any set-off or other defense...before, notice of the assignment: but this section does not apply to a negotiable note or bill of exchange transferred in good faith and upon good consideration... | |
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