| Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 pages
...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... | |
| Sir John Comyns - 1822 - 1074 pages
...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.... | |
| New York (State). Court of Chancery, William Johnson - 1824 - 748 pages
...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... | |
| Elijah Paine, United States. Circuit Court (2nd Circuit) - 1827 - 748 pages
...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... | |
| Nathan Dane - 1829 - 982 pages
...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,... | |
| New Jersey. Court of Chancery - 1851 - 694 pages
...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... | |
| Jacob D. Wheeler - 1834 - 626 pages
...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... | |
| Maryland. High Court of Chancery, Theodorick Bland - 1840 - 722 pages
...the contract ; whether the deceased was principal or surety; or the insolvency of a co-obligor. — The assignee of a chose in action takes it subject to all the equity to which it was liable in the hands of the original bolder; the exceptions to this rule.... | |
| William Johnson - 1837 - 678 pages
...property, and any action brought by the assignee must be in his own name. Carter v. Jarvis, 9 JR 143. 5. The assignee of a chose in action takes it subject to all the equity which existed between the original parties. Chamberlain v. Gorham, 20 JR 144. Bank of Miagara... | |
| 1838 - 700 pages
...an assignee will be protected at law, 1. What is assignable, and Ihs effects of an assignment, 1. An assignee of a chose in action takes it subject to all equities existing against it at the time of the assignment, though he have no notice of such equity. Chamber... | |
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