...[72 Am. Dec. 65]. As to the second ground of defense to the complainant's first proposition, we think the assignee of a chose in action takes it subject to all equities existing between the parties to the instrument, but not to any latent equities which some third person...

...assignment. It is a general and well-settled principle, says the chancellor, in Murray v. Lijlburn, Id. 443, that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignee: Demainbray v. Metcalfe, 2 Vern. 691;...

...be no privity where there is not an identity of interest: 1 Greenl. Ev. 523, sec. 190. Usually, as the assignee of a chose in action takes it subject to all the equities, he has precisely the same interest as the assignor; but this is not the case with negotiable...

...In Warner v. Whittaker, в Mich. 133, 72 Am. Dec. 65, it was said: "No rule is better settled than that the assignee of a chose in action takes it subject to all equities existing between the debtor and creditor." There are cases In which the set-off against one judgment...

...Ford v. White. 10 Beav. 120 : Phillip v. Phittip. 4 DeG., F. & J. 208. It is undoubtedly the general rule that the assignee of a chose in action takes it subject to all the equities existing against it in the hands of his assignor, and can acquire no greater right or...

...Ford v. White, 16 Beav. 120 ; Phillip v. Phillip, 4 De G., F. & J. 208. It is undoubtedly the general rule that the assignee of a chose in action takes it subject to nil the equities existing against it in the Fairbanks v, Sargent. !i..n(ls of his assignor, and can...

...judgment obtained by him against Morrill. III. The doctrine is — and we accept it as correct — that the assignee of a chose in action takes it subject to all the equitable defences against it at the time of the assignment. What do the courts mean by that? The...

...stands in the light of an assignee of a mere chose in action. The general and well-settled principle is that the assignee of a chose in action takes it subject to all the defenses and equities existing against it at the time of the assignment. The rule Is generally...

...must obtain such a title as would enable him to sue upon it in his own name,1 or for his own use.2 The assignee of a chose in action takes it subject to all set-offs which might have been used against it in the hands of the assignor.3 But the set-off must...

...equitable defence he would have had in a suit brought by the mortgagee, on the well established principle that the assignee of a chose in action takes it subject to all the equities against it in the hands of the assignor.' A mortgage not 1 Strong v. Jackson, 123 Mass....