In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory... The Pacific Reporter - Page 4091917Full view - About this book
| M. E. Dunlap (Counsellor at law) - Law - 1905 - 620 pages
...existing at the time of or before notice of the assignment, but this rule does not apply to a negotiable promissory note or bill of exchange transferred in good faith and upon good consideration before due. 6. The Code permits other than the real party in interest to sue in the following cases. An executor,... | |
| California - Civil procedure - 1906 - 1130 pages
...at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill, of exchange, transferred...faith and upon good consideration, before maturity. En. March 11, 1872. Cal. Rep. Clt. 56, 129; 65, 438; 66, 42; 76, 636; 81, 327; 101, 288; 101, 289;... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1906 - 1144 pages
...at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in...faith and upon good consideration, before maturity." This section was considered by this court, and construed in connection with sections 690, 691, 692,... | |
| Robert Emmet Bunker - Negotiable instruments - 1906 - 716 pages
...the time of, or before notice of, the assignment ; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due." The effect of this statute, clearly, is to place an overdue bill or note upon the same footing... | |
| Law reports, digests, etc - 1907 - 1282 pages
...the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due." But we are of the opinion that this contention Is untenable for the reason, as before stated,... | |
| Appellate courts - 1908 - 848 pages
...the time of, or before notice of, the assignment ; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration, before due." They cite in support of their contention La Due v. First National Bank, 31 Minn. 33. 16 NW 426.... | |
| North Carolina - Law - 1908 - 1482 pages
...the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due. Code, B. 177; CCP, s. 55; 1874-5, e. 256. The real party in interest may sue and recover in his... | |
| California - California - 1909 - 2106 pages
...before, notice of the assignment; but this section does not apply to a negotiable promissory note or Ы11 of exchange, transferred in good faith, and upon good consideration, before maturity. Hlntoryi Enacted March 11, 1872, founded upon I 5 of Practice Act. See Kerr's Cyc. CCP for 172 pars,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1266 pages
...the time of, or before notice of, the assignment: but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due": Rev. Code Civ. Proc., see. 81. The thing in action in this case is not a negotiable promissory... | |
| Ernest Wilson Huffcut - Negotiable instruments - 1910 - 914 pages
...at the time of or before notice of the assignment^ FuIFThls section does not apply to a negotiable note or bill of exchange transferred in good faith and upon good consideration before due." The effect of this statute, clearly, is to place an overdue bill or note upon the same footing... | |
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