 | Idaho - 1864 - 734 Seiten
...assignor shall not be a witness on behalf of the plaintiff. SEC. 5. In the case of an assignment of the thing in action, the action by the assignee shall be without prejudice to any set-off or other defense, existing at the time of, or before notice of the assignment; but this section shall not apply... | |
 | Idaho, Idaho Territory - 1866 - 534 Seiten
...question of fact to be tried ; and such order shall be the only authority necessary for a trial. SEC. 5. In the case of an assignment of a thing in action,...shall be without prejudice to any set-off or other defense, existing at the time of, or before notice of the assignment ; but this section shall not apply... | |
 | Montana (Ter.) - 1866 - 792 Seiten
...costs shall be awarded against him, and a [defendant] (default) shall be deemed a denial. SEC. 5. In case of an assignment of a thing in action, the action by the assignee shall be without any prejudice to a set off or other defence existing at the time of, or before notice of the assignment... | |
 | Montana - 1866 - 802 Seiten
...costs shall be awarded against him, and a [defendant] (default) shall be deemed a denial. SEC. 5. In case of an assignment of a thing in action, the action by the assignee shall be without any prejudice to a set off or other defence existing at the time of, or before notice of the assignment... | |
 | New York (State), Nathan Howard (Jr.) - 1867 - 966 Seiten
...without the consent ot'the grantor. $. 112. Assignment of a thing in action not to prejudice a defense. In the case of an assignment of a thing in action,...by the assignee shall be without prejudice to any set off or other defense existing at the time of or before notice of the assignment ; but this section... | |
 | South Carolina - 1868 - 942 Seiten
...the plaintiff shall be allowed to prove the facts to bring the case within this provision. SEC. 135. In the case of an assignment of a thing in action, the action Assignment by the assignee shall be without prejudice to any set-off or other defence "ctfon g ln existing... | |
 | California, Theodore Henry Hittell - 1868 - 410 Seiten
...22 Cal, 139, 173,356,430; 29 Cat. 210; 82 Cal. 590.] Action hy assignee of chose in action. § 5.* In the case of an assignment of a thing in action, the * Applicahle to justices' courts, see 533. tal The original section was in the same words as the amendment... | |
 | North Carolina. Supreme Court - 1873 - 626 Seiten
...right to assign "anything in action " arising out of contract, and subjects the assignee to any set off or other defence existing at the time of, or before, notice of the assignment. The only saving being in regard to negotiable promissory notes and bills of exchange transferred in... | |
 | Charles W. Langdon - 1870 - 858 Seiten
...to transfer and vest the property thereof in each and every assignee successively. Pub. Laws, 372. In the case of an assignment of a thing in action,...shall be without prejudice to any set-off or other defense existing at the time of or before notice of the assignment; but this section shall not apply... | |
 | Utah (Ter.) - 1870 - 162 Seiten
...real party in interest, except as otherwise provided in this whose name i , -tvirr prosecuted. SEC. 5. In the case of an assignment of a thing in action,...shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply... | |
| |
In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory... 
