 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
 | Ohio. Supreme Court - Law reports, digests, etc - 1872 - 580 pages
...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... | |
 | Law reports, digests, etc - 1882 - 634 pages
...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,... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1876 - 784 pages
...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.,... | |
 | Banks and banking - 1877 - 1072 pages
...; 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... | |
 | John James Kehoe - Choses in action - 1881 - 232 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... | |
 | John Hoff Stewart - Equity - 1883 - 750 pages
...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,... | |
 | Law reports, digests, etc - 1884 - 762 pages
...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. §... | |
 | Law reports, digests, etc - 1902 - 1166 pages
...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... | |
 | John Mews - Law reports, digests, etc - 1884 - 1242 pages
...debentures : — Held, that there was nothing in the debentures to take them out of the ordinary rule, that the assignee of a chose in action takes it subject to all the equities between the original parties to j — common seal of a company, incorporated under... | |
 | Law reports, digests, etc - 1886 - 856 pages
...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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