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" It is a general and well settled principle that the assignee of a chose in action takes it subject to... "
Reports of Cases Argued and Determined in the High Court of Chancery During ... - Page 348
by Sir Steuart Macnaghten, Alexander Gordon, Great Britain. Court of Chancery - 1871
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Reports of Cases Argued and Determined in the High Court of ..., Volume 3

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...
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A Digest of the Laws of England, Volume 7

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....
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Volume 7

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...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

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...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

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,...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 6

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...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 3

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...
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Reports of Cases Decided in the High Court of Chancery of Maryland ..., Volume 2

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....
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A Digest of the Cases Decided and Reported in the Supreme Court of ...

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...
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A Digest of the Cases Decided and Reported in the Superior Court of the City ...

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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