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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 New York Supplement

Law reports, digests, etc - 1898
...last cited, the learned court reasserts the rule in these words: "It is undoubtedly the genoral rule that the assignee of a chose In action takes it subject to all the equities existing against it in the hands of the assignor, and can acquire no greater right...
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Reports of Cases in the Supreme Court of Nebraska, Volume 54

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1899
...ed.] 1081, and note.) It was said by Chancellor Kent in Murray r. Lt/lburn-. 2 Johns. Ch. [NY] 441: "It is a general and well-settled principle, that...to mean the equity residing in the original obligor or debtor. and not an equity residing in some third person against the assignor." There are decisions...
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An Exposition of the Principles of Estoppel by Misrepresentation

John Skirving Ewart - Estoppel - 1900 - 548 pages
...received the sanction of the House of Lords in an early case,1 and it was accepted by Chancellor Kent: "It is a general and well-settled principle that the...same equities it was subject to in the hands of the assignee. 2 Vern. 691-765; 1 P. Wms. 497; 1 Yes. 122: 4 Ves. 118. But this rule is generally understood...
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The Ontario Law Reports: Cases Determined in the Court of Appeal ..., Volume 24

Law reports, digests, etc - 1911
...law of set-off. The right which is given by sub-sec. 5 of sec. 58 of the Judicature Act, which enacts that the assignee of a chose in action takes it subject to the equities which would have been entitled to priority over the right of the assignee if that section...
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Select Cases and Other Authorities on the Law of Mortgage, Part 3

George Washington Kirchwey - Mortgages - 1902 - 772 pages
...and mortgage, stand in any better condition than the person from whom he derived his title? It is a well-settled principle 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." In this case the defense to...
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Goodeve's Modern Law of Personal Property

Louis Arthur Goodeve - Electronic books - 1904 - 475 pages
...instruments, the peculiar nature of which is explained in a subsequent chapter,4 form an exception to the rule that the assignee of a chose in action takes it subject to equities. It is competent for the debtor to preclude himself from setting chose in up as against assignees...
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Lawyers' Reports Annotated, Book 8

Law reports, digests, etc - 1905
...takes it discharged of the equity, has no application in the case of the purchase of a chose in action. It is a general and well-settled principle that the assignee of a chose in action takes it subject lo the same equity it was subject to in the hands of the assicnor." This was but a répétition of...
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Lawyers' Reports Annotated, Book 23

Law reports, digests, etc - 1905
...the time of the assignment 1» not in all cases fatal for the doctrine has been there stated to be that the assignee of a chose In action takes It subject to the right of set-off of claims then existing, or flowing out of and inseparably connected with the previous...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 7

Colorado. Court of Appeals - Law reports, digests, etc - 1896
...right of set-off. In Ward v. Whitaker, 6 Mich. 133, the court 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. It is not necessary that the equities should...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 135

California. Supreme Court - Law reports, digests, etc - 1906
...and quoting from the well-considered case of Duke v. Clark, 58 Miss. 4G5, 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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