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" It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor... "
A Digest of All the Reported Decisions of the Supreme Court of the State of ... - Page 47
by Daniel Roberts - 1878 - 866 pages
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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 - Equity - 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 from...
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A Digest of the Laws of England, Volume 7

Sir John Comyns - Digests, etc - 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. 2....
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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 - Equity - 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 a third person,...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

Nathan Dane - Law - 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, for the sale...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

Nathan Dane - Law - 1829 - 956 pages
...ASSUMPSIT. ASSIGNMENTS. ART. 1. § 7. Assignments in Equity. It is a well settled rule, that Con. ihe 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 in a third person, against the assignor....
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise, Henry Hopley White - Law reports, digests, etc. Great Britain - 1835 - 486 pages
...exception to this rule, for he might always either grant or receive a chose in action by assignment. 27. An assignee of a chose in action takes it subject to all the equity to which it was liable in the hands of the original party. 28. A defeasance on a bond, or recognisance,...
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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 - Equity - 1840 - 722 pages
...securities until he has obtained satisfaction of his whole debt, 538; Andrews r. Scotton, 685, 665. The assignee of a chose in action, takes it subject to all equities. — Watkins v. Wortnington, 542. A testator cannot, in any way, place his personal estate...
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A Digest of the Cases Decided and Reported in the Supreme Court of ...

William Johnson - Law reports, digests, etc - 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 v. M'Cracken,...
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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 - Equity - 1840 - 728 pages
...securities until he has obtained satisfaction INDEX. of his whole debt, 538; Andrews ». Scotton, 655, 665. The assignee of a chose in action, takes it subject to all equities.— Walking v. Worthington, 542. A testator cannot, in any way, place his personal estate...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

Vermont. Supreme Court - Law reports, digests, etc - 1844 - 820 pages
...or the assignment. and It is a wel) settled doctrine that the assignee of a chose in Ketchum ... v. action takes it, subject to all the equity existing at the time, oot' in the original obligor or debtor. Turton \. Benson, I Peere Wms. 496 ; Coles v. Jones, 2 Vernon,...
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