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" 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... "
American Law Magazine - Página 429
1845
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The Examination Chronicle, Volumen8

502 páginas
...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 the contract, and that the holders of these debentures could...
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The Law Reports: Court of Queen's Bench, Volumen4

William Mills (barrister-at-law.), Henry Holroyd, E. A. C. Schalch, Arthur Wilson, Great Britain. Court of Queen's Bench - 1869 - 804 páginas
...payment of land which the company never got, there was an absolute failure of consideration ; that the assignee of a chose in action takes it subject to all the equities between the original parties to the contract, and that the company were not liable. But if...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volumen4

Great Britain. Court of Exchequer - 1869 - 444 páginas
...by their dealing with Cavendish & 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: Mangles v. Dixon (8) ; In re Natal...
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United States Reports: Cases Adjudged in the Supreme Court, Volumen73

United States. Supreme Court - 1870 - 840 páginas
...committed iniquity shall not lave equity." 2. Are these assignees within the meaning of the rule that the assignee of a chose in action takes it subject to all the equities existing between the original parties? In no just sense. We here rely on what was said in...
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The Law Reports: Equity cases, before the Master of Rolls and the ..., Volumen10

Great Britain. Court of Chancery - 1870 - 744 páginas
...Si-o/F — Lien — Assignment suliject to Equities — Release of Equities — Course of Conduct.] The assignee of a chose, in action takes it subject to all equities available against the assignor; but the person entitled to such equities may release them,...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania ..., Volumen3

Jasper Yeates, Pennsylvania. Supreme Court - 1871 - 636 páginas
...Ld. Hardwicke, in 1 Vez. 123, that length of time and circumstances may vary the general rule, that the assignee of a chose in action takes it subject to all the original equity, and may make the case of the assignee stronger. Judgment for the plaintiff. ROBERT...
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Reports of Cases Argued and Determined in the High Court of Chancery During ...

Sir Steuart Macnaghten, Alexander Gordon, Great Britain. Court of Chancery - 1871 - 658 páginas
...in that town. — ChrisCs Hospital v. Grainger, 460. CHOSE IN ACTION. Notwithstanding the rule, that the assignee of a chose in action takes it subject to all equities subsisting against it in the hands of the assignor, the parties entitled to such equities...
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The American Law Register, Volumen10

1871 - 874 páginas
...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 equities which existed against it in the hands of the assignor." The same rule is laid down in Pennsylvania...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1901 - 542 páginas
...the incident of negotiability to advance notes would conflict with that principle of our law by which the assignee of a chose in action takes it subject to all equities attaching to it in the hands of his assignor. If these cases are in conflict, as was held...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - 1876 - 1174 páginas
...Central RR Co. 98 Mass. 85, 92 ; Lodge v. Phelps, 1 John. Cas. 139 ; Tully v. Herrin, 44 Miss. 626. The assignee of a chose in action takes it subject to all the equities existing between the assignor and the debtor, at the time the latter has notice of the assignment,...
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