 | New Jersey. Court of Chancery - Law reports, digests, etc - 1851 - 694 pages
...obligee can always go to the obligor and ascertain what claims he may have against the bond ; but that he may not be able, with the utmost diligence, to...latent equity of some third person against the obligee ; that he has no object to which he can direct his enquiries ; and that, for this reason, the claim... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1853 - 884 pages
..."with the utmost diligence" on the part of the assignee of the judgment, cannot be discovered, because "He has not any object to which he can direct his inquiries." In the light of these views, we think the ground taken for the reversal of this decree is not maintainable,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...ascertain what claims he may have against the bond, or other chose in action, which he is about purchasing from the obligee; but he may not be able, with the...equity of some third person against the obligee." If this were not so, it is obvious that no assignment could ever be taken with safety. (See also Livingston... | |
 | New Jersey. Court of Chancery - Equity - 1851 - 696 pages
...obligee can always go to the obligor and ascertain what claims he may have against the bond ; but that he may not be able, with the utmost diligence, to...latent equity of some third person against the obligee ; that he has no object to which he can direct his enquiries ; and that, for this reason, the claim... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 728 pages
...may have against the bond or other cJiose in action, which he is about purchasing from the obligor; but he may not be able, with the utmost diligence,...the assignee, without notice of a chose in action, in the late case of Rcdfcarn v. Farrier, 1 Dow, 50, was preferred to that of a party setting up a secret... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1866 - 626 pages
...ascertain what claims he may have against the bond, or other chose in action, which he is about purchasing from the obligee ; but he may not be able, with the...equity of some third person against the obligee." Opinion of the court. The same rule is held in Mott v. CtorA, 9 Pa. State Rep., 399, and in Prior v.... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 790 pages
...The assignee can go to the debtor and ascertain what claims he may have against the chose in action ; but he may not be able, with the utmost diligence, to ascertain the latent equity of a third person. Chancery, 1817, Murray ยป. Lylburn, 2 Johns. Ch,., 441 ; Livingston v. Dean, Id., 479... | |
 | United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...ascertain what claims he may have against the bond or other chose in action which he is about purchasing from the obligee, but he may not be able with the...can direct his inquiries, and for this reason the assignee, without notice, of a chose in action, was .preferred in the late case of Bedfearn v. Ferrier... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1876 - 784 pages
...other chose in action, which he is about purchasing from the obligee; but he may not be able witli the utmost diligence, to ascertain the latent equity...reason the claim of the assignee, without notice, to a chose in action, was preferred in the late case of Redfern v. Ferrier, (1 Dow. Rep., 50,) to that... | |
 | Leonard Augustus Jones - Mortgages - 1882 - 890 pages
...ascertain what claims he may have against the bond, or other chose in action, which he is about purchasing from the obligee ; but he may not be able, with the utmost diligence, 1 McMasters v. Wilbclm, 85 Pa. St. J. Eq. 415; Losey r. Simpson, 11 NJ 218. Eq. 246; Woodruff v. Depue,... | |
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The assignee can always go to the debtor and ascertain what claims he may have against the bond or other chose in action which he is about purchasing from the obligee, but he may not be able with the utmost diligence to ascertain the latent equity of... 
