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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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Law of Defenses in Actions on Commercial Paper: Including the ..., Volume 1

Joseph Asbury Joyce - 1907 - 1091 pages
...and quoting from the wellconsidered 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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United States Supreme Court Reports, Volume 13; Volumes 50-53

United States. Supreme Court - Law reports, digests, etc - 1911
...indorsement and delivery. The other cases relied on in the argument go no further, unless it be to show that the assignee of a chose in action takes it subject to the equities subsisting between the original parties. But it is said the "assignment could be effected...
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Kirchwey's Cases on the Law of Mortgage

George Washington Kirchwey, Isaac Maurice Wormser - Mortgages - 1917 - 764 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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Annotated Cases, American and English: Containing the Important Cases ...

Law reports, digests, etc - 1918
...law, but only assignable in equity. As to all such choses in action, 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. Chite v. Robison. 2 Johns. (XY) 595; Livingston...
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Select Cases and Other Authorities on the Law of Trusts

Austin Wakeman Scott - Trusts and trustees - 1919 - 842 pages
...these securities; and if they do, then the bill, as against Sprague and Davis, ought to be dismissed. 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 Vern. 691, 764. 1 P. Wms. 496. 1 Ves. 123....
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Selected Cases on Equity, Volume 2

George Luther Clark - Equity - 1921
...(2nd ed.) 1080, and note.) It was said by Chancellor Kent in Murray v. Lylburn, 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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Cases on Mortgages (Minnesota).

University of Minnesota. Law School - 1921 - 337 pages
...Chancellor Kent in Murray v. Lylburn (1817), 2 Johnson, Ch. 441 : 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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Cases Argued and Determined in the Supreme Court of the State of ..., Volume 68

Colorado. Supreme Court - Law reports, digests, etc - 1921
...creditor to set off his judgment against an assignee. This decision simply invokes the familiar rule that the assignee of a chose in action takes it subject to all defenses which might have been pleaded against it in the hands of the original owner, and has no...
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The English Reports: House of Lords (1677-1865), Volume 4; Volume 10

Law reports, digests, etc - 1901
...possible for them to set up a claim of equities on account of the absence ci such a statement? It is plain that the assignee of a chose in action takes it subject to all existing equities : Coles v. Jones (2 Vern. 692). That is the case of the assignée«' a bond :...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1875
...or by their dealing with Cavendish and Smith, lost the right to take advantage of the ordinary rule that the assignee of a chose in action takes it subject to all the equities existing between the original parties to the contract, and for that proposition he...
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