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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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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 4

Law reports, digests, etc - 1886
...; Filbert v. Hawk, id. 443 ; Williams v. Wood, 1 WNC 412 ; Gourdon v. Insurance Co., 3 Yeates, 327. The assignee of a chose in action takes it subject to the equity of the original debtor. Mott v. Clark, 9 Penn. St. 399 ; WethrttPs Appeal, 3 Grant, 281 ; Downey...
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The American Decisions: Containing All the Cases of General Value ..., Volume 83

Law reports, digests, etc - 1887
...takes it discharged of the equity, has no application in the case of the purchaser of chose in action. It is a general and well-settled principle that the...of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor: 2 Lead. Cas. Eq., pt. 1, pp. 51 et seq. This...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 81

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1887
...court, after speaking of the relations of the assignee and the obligor, as referred to above, says : " But this rule is generally understood to mean the equity residing in the original obligor or debtor, and not an equity residing in some third person against the assignor. The assignee can always...
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The American Reports: Containing All Decisions of General ..., Volume 58

Isaac Grant Thompson - Law reports, digests, etc - 1887
...White, 16 Beav. 120 ; Phillip v. Phillip, 4 De G., F. & J. 208. It is undoubtedly the general rule that the assignee of a chose in action takes it subject to nil the equities existing against it in the Fairbanks v, Sargent. !i..n(ls of his assignor, and can...
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The South Western Reporter, Volume 232

Law reports, digests, etc - 1921
...In Warner v. Whittaker, в Mich. 133, 72 Am. Dec. 65, it was said: "No rule is better settled than that the assignee of a chose in action takes it subject to all equities existing between the debtor and creditor." There are cases In which the set-off against...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 9

Law reports, digests, etc - 1887
...v. White. 10 Beav. 120 : Phillip v. Phittip. 4 DeG., F. & J. 208. It is undoubtedly the general rule that the assignee of a chose in action takes it subject to all the equities existing against it in the hands of his assignor, and can acquire no greater right...
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The New Hampshire Reports, Volume 61

New Hampshire. Supreme Court - Law reports, digests, etc - 1887
...judgment obtained by him against Morrill. III. The doctrine is — and we accept it as correct — that the assignee of a chose in action takes it subject to all the equitable defences against it at the time of the assignment. What do the courts mean by that?...
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The Southern Reporter, Volume 13

Law reports, digests, etc - 1894
...stands in the light of an assignee of a mere chose in action. The general and well-settled principle is that the assignee of a chose in action takes it subject to all the defenses and equities existing against it at the time of the assignment. The rule Is generally...
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A Treatise on the Law and Practice of Foreclosing Mortgages: On Real ...

Charles Hastings Wiltsie - Forms (Law) - 1889 - 1154 pages
...any equitable defence he would have had in a suit brought by the mortgagee, on the well established principle that the assignee of a chose in action takes it subject to all the equities against it in the hands of the assignor.' A mortgage not 1 Strong v. Jackson, 123...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 123

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1890
...it discharged of the equity, has no application in the case of the purchaser of a chose in action. It is a general and well-settled principle that the assignee of a chose in action fakes it subject to the same equity it was subject to in the hands of the assignor." It was further...
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