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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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A Treatise on the Law of Corporate Bonds and Mortgages

Leonard Augustus Jones - Bonds - 1890 - 664 pages
...at law, yet if it contains anything to show that the parties intended to renounce the ordinary rule that the assignee of a chose in action takes it subject to the equities between the original parties, or if the company making it has held it out to the world as...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 8

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1892
...111. 404; Mulvey v. Gibbons, 87 111. 367; Colehour v. State Sav. Ins. 90 111. 156. Jenkins v. Bauer. The assignee of a chose in action takes it subject to the equities in the original debtor, and not to those in a third person? Olds v. Cunimings, 31 111. 188;...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 44

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1893
...11-20, in which is approved the declaration of Chancellor Kent in Murray v. Lylburn, 2 Johns. Ch. 441, that "the assignee of a chose in action takes it subject to the equities residing in the original obligor or debtor, and not an equity residing in some third person...
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Ohio Decisions

William John Tossell, Ohio. Superior Courts - Law reports, digests, etc - 1912
...governed by equitable rules for its protection and enforcement. "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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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 1

William John Tossell - Law reports, digests, etc - 1897
...in favor of third parties." In Murray v. Lylburn, 2 Johns. Ch., 441, Chancellor Kent quotes the rule that the assignee of a chose in action takes it subject to the same equity to which it was subject in the hands of the assignor, and adds "but this rule is generally understood...
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The Northwestern Reporter, Volume 68

Law reports, digests, etc - 1896
...not, he took it subject to all equities existius: between Struthers and the mortgage company, on the principle that the assignee of a chose in action takes it subject to equities existing between the parties. The principle is elementary, and does not require the citation...
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The Law of Negotiable Securities: Six Lectures Delivered at the Request of ...

William Willis - Bills of exchange - 1896 - 204 pages
...Vice-Chancellor Knight Bruce which Lord Cottenham had reversed. But although the rule in equity is that the assignee of a chose in action takes it subject to the equities subsisting between the assignor and his debtor, yet the Chancery judges have gone a step further...
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Ruling Cases Arranged, Annotated and Edited, Volume 10

Robert Campbell, Irving Browne - Annotations and citations (Law) - 1896
...415; Fairbanks v. Sargent, 104 New York, 108; 58 Am. Rep. 490 : " 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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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 65

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1896
...the court cite and approve Murray v. Lylburn, 2 Johns. Ch. 441, in support of the doctrine that while the assignee of a chose in action takes it subject to the equities of the original debtor, yet he is free from those of third persons. As stated by Pomeroy,...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 29

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898
...last cited the learned court reasserts the rule in these words : " 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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