 | United States. Congress. House - 1873 - 1052 Seiten
...statute, may sue without joining with him the person for whose benefit the action is prosecuted. 3. In case of an assignment of a thing in action, the action...by the assignee shall be without prejudice to any set-ofl' or other defense existing at the time of or before notice of assignment; but this section... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 622 Seiten
...have against the original payee, and that all actions by assignees shall be without prejudice to a set-off or other defence existing at the time of or before notice of the assignment. 2 G. & H. 38, sec. 6; Goldthwait v. Bradford, 36 Ind. 149. The appellants insist that the court erred... | |
 | South Carolina - 1873 - 1164 Seiten
...EC- ^^' ^ a * ne case °^ an assig 11 " 1611 * of a thing in action, the a thing m action. ac ti on 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... | |
 | Ohio, George E. Seney - 1874 - 896 Seiten
...Cheseldine v. Mathers, 2 Disney, 592. SEC. 26. ASSIGNMENT OP THINGS IN ACTION NOT TO PREJUDICE DEFENSE. In the case of an assignment of a thing in action,...shall be without prejudice to any set-off or other defense now allowed ; but this section shall not apply to negotiable bonds, promissory notes, or bills... | |
 | Wyoming - 1874 - 302 Seiten
...real the real party in interest, except as otherwise provided in section twenty-four. SEC. 23. In ease of an assignment of a thing in action, the action...shall be without prejudice to any set-off or other defense now allowed ; but this section shall not apply to negotiable bonds, promissory notes, or bills... | |
 | California - 1874 - 870 Seiten
...the assignee is without action not • • ' !fofuntedioe prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section docs not apply to a negotiable promissorynote or bill of exchange, transferred in good faith, and upon... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 Seiten
...demanded, may be Joined as plaintiffs, except where it Is otherwise provided In this Code. SEC. 2760. In case of an assignment of a thing In action, the action by the assignee shall he without prejudice to any set-off or other defense existing before notice of the assignment; but... | |
 | Wyoming - 1876 - 882 Seiten
...intereeuty '" real party in interest, except as otherwise provided in section twenty- four. SEC. 23. In case of an assignment of a thing in action, the action...shall be without prejudice to any set-off or other defense now allowed; but this section shall not apply to negotiable bonds, promissory notes, or bills... | |
 | 1876 - 642 Seiten
...be used as a set off to the claim in suit. Sec. 112 of the Code, among other things, provides that " In the case of an assignment of a thing in action,...by the assignee shall be without prejudice to any set off or other defence existing at the time of, or before notice of the assignment." The language... | |
 | Theophilus Parsons - 1876 - 856 Seiten
...answer as to the assignment, or his interest in the subject of the action. And all actions by assignees shall be without prejudice to any set-off or other...the time of, or before notice of, the assignment, except actions on negotiable promissory notes and bills of exchange, transferred in good faith and... | |
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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... 
