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Books Books 1 - 10 of 88 on It is a general and well settled principle that the assignee of a chose in action....
" 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, but this rule is generally understood to mean the equity residing in the original obligor... "
Kirchwey's Cases on the Law of Mortgage - Page 540
by George Washington Kirchwey, Isaac Maurice Wormser - 1917 - 764 pages
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

Martyn Paine - Law reports, digests, etc - 1827
...and can 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 the case...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 6

New Jersey. Court of Chancery - Law reports, digests, etc - 1851
...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 equity residing...
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A practical abridgment of American common law cases argued and ..., Volume 3

Common law - 1834
...2 Johns. 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 notice...
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Reports of Cases Argued and Determined in the Supreme Court: And ..., Volume 2

Esek Cowen - Law reports, digests, etc - 1845
...of jecf tg tne same equity it was subject to in the hands of the third persons, J . without notice, assignor. But this rule is generally understood to mean the equity residing in the original obligor or debtor, and not an equity residing in some third person against the assignee. The assignee can always...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 8

Alabama. Supreme Court - Law reports, digests, etc - 1846
...for Sherrod's use. Many of the cases cited upon the first point examined by us, show very distinctly, that the assignee of a chose in action takes it subject to all the equities existing at the time of the assignment, and that the right to set off a debt is one...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 98

Alabama. Supreme Court - Law reports, digests, etc - 1894
...stands in the light of an assignee of a mere chose in action. The general and wellsettled 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...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 1

Great Britain. Court of Chancery, Sir Steuart Macnaghten, Alexander Gordon - Equity - 1850
...Ferrers (c). Mr. Humphry and Mr. Josiah Smith, for the Plaintiffs (the Respondents), contended, on the principle that the assignee of a chose in action takes it subject to all the equities subsisting against the assignor, that it was the duty of Dixon & Co. to have inquired...
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Reports of Cases Determined in the Court of Chancery, and in the Prerogative ...

New Jersey. Court of Chancery, George Blight Halsted - Law reports, digests, etc - 1851
...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 equity residing...
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A practical treatise of the law of vendors and purchasers of estates, Volume 2

Edward Burtenshaw Sugden, Jonathan Cogswell Perkins - Vendors and purchasers - 1851
...Marshall, 6 Porter, 65 ; Davis r. Austen, 3 Brown, CC (Perkins's ed.) 178, 180, in note. The above rule is generally understood to mean the equity residing in the original obligor, or debtor, and not a latent equity, residing in some thtrd person against the assignor. Per Mr. Chancellor...
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Reports of Cases Decided in the High Court of Chancery of Maryland ...

Maryland. High Court of Chancery - Equity - 1852
...affected with notice to his assignor, but will be as much protected as if no notice had ever existed. The assignee of a chose in action takes it subject to the equities which existed against it in the hands of the assignor ; but these equities are the equities...
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