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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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Cases Decided in the Supreme Court of Ohio, Volume 6

Ohio. Supreme Court - Law reports, digests, etc - 1872
...claims as assignee of Douglass, upon the following authorities: 2 Johns. 441,479; 2 Wash. 233, 255. The assignee of a chose in action takes it subject to the equity of the original holder. 2 Munf. 533. *H. STANBERY, for Huston : [159 The complainant's counsel...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 11

Law reports, digests, etc - 1882
...2 Kent's Com., 638. Hoiighton v. Mathews, 3 Bos. & Pul. 485. 3 Chitty's Law of Commerce, etc., 546. The assignee of a chose in action takes it subject to the equities of the original debtor, but discharged from latent equities of third persons. Mr It 11. Clark,...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 40

Iowa. Supreme Court - Law reports, digests, etc - 1876
...the holder was a party to the action. The eminent Chancellor said: "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. (2 Vern., 691, 764; 1 P. "Wrus., 496; 1 Ves.,...
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The Bankers' Magazine, and Journal of the Money Market, Volume 37

Banks and banking - 1877
...; and with all respect, the reasoning of the decision is unsatisfactory. No doubt it has been held that the assignee of a chose in action takes it subject to its equities; hut this was not a chose in action, it was the transfer of a legal right of property...
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A Treatise on the Law of Choses in Action: Together with an Appendix of ...

John James Kehoe - Choses in action - 1881 - 206 pages
...Chard, 22 UCCP 518.) Assignee takes subject to right of set-off and other defences. The equitable rule, that the assignee of a chose in action takes it subject to such equities as exist between the assignor and the debtor, has its counterpart in section 10 of the...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 9

John Hoff Stewart - Equity - 1883
...canceled was, when Lyons took his assignment, and also when McCabe took his, a latent one, and while the assignee of a chose in action takes it subject to the equities existing between the parties to it, he is not bound by latent equities in favor of third parties,...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 2

Law reports, digests, etc - 1884
...equities are equal, the one who first draws to his equity the legal title will be preferred. Ibid. 48. The assignee of a chose in action takes it subject to the same equity as it was subject to in the hands of the assignor. United States v. Sturges, 1 Paine, 534. ...
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The Pacific Reporter, Volume 67

Law reports, digests, etc - 1902
...and, quoting from the well-considered case of Duke v. Clark, 58 Miss. 465 (at page 474): "It is true that the assignee of a chose in action takes it subject to all the equities to which It was subject in the hands of the assignor, but the equities meant are such...
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The American Decisions: Containing All the Cases of General Value ..., Volume 14

Law reports, digests, etc - 1886
...441, and Livingston v. Dean, Id. 479. In the first case he says: " 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...
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The American Decisions: Containing All the Cases of General Value ..., Volume 49

Law reports, digests, etc - 1886
...assignment. It is a general and well-settled principle, says the chancellor, in Murray v. Lijlburn, Id. 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: Demainbray v. Metcalfe, 2 Vern. 691; Turton...
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