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 538by George Washington Kirchwey - 1917 - 764 pagesFull view - About this book
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1885 - 744 pages
...of an equitable title holds subject to equities against the vendor : Boone v. Chiles 10 Pet. 200 ; the assignee of a chose in action takes it subject to the same equities as existed against the assignor : Murray v. Lylburn 2 Johns. Ch. 442 ; so of non-negotiable instruments... | |
| Herbert Broom - Legal maxims - 1852 - 616 pages
...have already adverted, and which likewise falls within the scope of the maxim now under consideration, that the assignee of a chose in action takes it subject to all the equities to which it was liable in the hands of the assignor ; and the reason and justice of... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1860 - 600 pages
...setting aside a conveyance: — 8 Cow. 290, 293; 3 Ifill, 513; 2 Greenl. Cruise, p. 498. But the rule that the assignee of a chose in action takes it subject to all existing equities, is confined to the equities between mortgagee and mortgagor, and does not relate... | |
| New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1854 - 762 pages
...Ford, as the assignee of the judgment, is in no better situation than Wise ; for it is well settled that the assignee of a chose in action takes it subject to all equities which 1829 existed against it in the hands of the assignor. There must Haggerty be a decree... | |
| Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 728 pages
...is a general and well settled principle, says the chancellor, in Murray v. Lylburn, 2 J. 0. B. 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: 2 Vern. 691765; 1 P. Wms. 497; 1 Ves. 122; 4... | |
| John Potter Stockton - Equity - 1860 - 624 pages
...as the assignees of Simpson, took the bond and mortgage subject to all equities. It is well settled that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the original obligor or debtor. Murray v. Lylburn, 2 JCR 443... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1874 - 662 pages
...there existed this equitable right of set-off against Fry at the time he transferred the account ; that the assignee of a chose in action takes it subject to all the equities which existed against it in the hands of the assignor, including the equitable right... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1863 - 654 pages
...has no application in the case of the purchaser of 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. Lead. Ca. Eq., vol. 2, pt. 1, p. 51, et seq.... | |
| William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1864 - 516 pages
...Wardell to Olcott, that by him to Roe, and by Roe to the bank. It is an incontrovertible proposition, that the assignee of a chose in action takes it subject to all the -equities it was *liable [ * 553 ' to in the hands of the assignor ; or, in plainer language,... | |
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