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" 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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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 53

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
...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...
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A Selection of Legal Maxims: Classified and Illustrated

Legal maxims - 1852 - 607 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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 8

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, Henry Allen Chaney, William Jennison, Hovey K. Clarke, William Dudley Fuller, Hoyt Post, James M. Reasoner, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - Law reports, digests, etc - 1860
...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...
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The House of Lords Cases on Appeals and Writs of Error, Claims of ..., Volume 3

Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - Law reports, digests, etc - 1853
...for them to set up a claim of equities on account of the absence of such a statement ? It is plain that the assignee of a chose in action takes it subject to all existing equities: Coles v. Janes (c). That is the case of the assignee of a bond ; and yet a bond...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1854
...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...
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A selection of leading cases in equity: with notes, Volume 2

Frederick Thomas White, Owen Davies Tudor, John Innes Clark Hare, Horace Binney Wallace - Equity - 1859
...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...
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Reports of Cases Determined in the Court of Chancery And, on ..., Volume 3

John Potter Stockton - Equity - 1860
...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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 61

Illinois. Supreme Court - Law reports, digests, etc - 1874
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 20

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Benjamin Harrison, Gordon Tanner, Michael Crawford Kerr, James Buckley Black, John Worth Kern, Augustus Newton Martin, John Lewis Griffiths, Francis Marion Dice, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1863
...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....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

William Johnson - Law reports, digests, etc - 1864
...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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