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" The holder of a bill of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which the original party was subject. If this rule applied to... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Página 278
de New York (State). Supreme Court, John Lansing Wendell - 1846
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Reports of Cases Argued and Determined in the Court of ..., Parte 115,Volume 2

Great Britain. Court of King's Bench - 1813 - 502 páginas
...exchange, or promissory note, is not to be considered in the light of an assignee of the payee [F]. An assignee must take the thing assigned, subject...which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency. The law is settled, that a holder,...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumes 1-2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813 - 1010 páginas
...actual possession ; Walker v. Reeves, BRM 22 G. 3. 4б1, п. [1], to 4бЗ, п. 6. An assignee takes the thing assigned, subject to all the equity to which the original party was subject. ... бзб 7. Difference between an under-lease and an assignment. Vide LEASE, No. 5, 8, 10. 8. The...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 1

Nicholas Baylies - 1814 - 576 páginas
...covenants, before he has taken actual possession. Walker v. Keeves. 2 Dang. 461. Au assignee takes the thing assigned, subject to all the equity to which the original was subject. Ibid. Dilfereuce between an under lease and an assignment. Ibid. 22 The assignee of a...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 4

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1821 - 754 páginas
...of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject...which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency." Again, he says, " I see no difference...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 páginas
...and the assignee puts the bond in suit for those breaches, it has been held to be maintenance (h), An assignee must take the thing assigned, subject...the equity to which the original party was subject (»'). The assignee of a term is bound, therefore, to perform all the covenants which are annexed to...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 3

Peyton Randolph, Virginia. Supreme Court of Appeals - 1828 - 760 páginas
...holder of a bill of exchange or promissory note, is not to be considered as the assignee of the payee. An assignee must take the thing assigned, subject...which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency." The law merchant, as part of...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 3

Nathan Dane - 1824 - 620 páginas
...note, has nothing to do with the whole transactions between the original parties ; and though the " assignee must take the thing assigned subject to all...the equity to which the original party was subject, yet if this rule applied to bills and promissory notes, it would stop their currency," unless the note...
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The U.S. Law Cabinet

Isaac Ridler Butts - 1852 - 596 páginas
...perform the services and covenants mentioned in the lease, or save the assignor harmless therefrom.* An assignee must take the thing assigned, subject to all the equity to which the original party is subject, and must, therefore, perform all the covenants which are annexed to the estate. An assignee...
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Leading Cases in the Commercial Law of England and Scotland: Bills of ...

George Ross - 1853 - 932 páginas
...of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which the original party wras subject. If this rule applied to bills and promissory notes, it would stop their currency." Again,...
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Practical Treatise on the Law of Landlord and Tenant: With a Full Collection ...

William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 páginas
...An eviction out of part of the land will only amount to a discharge of an assignee pro tanto(.f)An assignee must take the thing assigned, subject to...the equity to which the original party was subject ; the assignee of a term is (b) Spruit v. Jc/enj, 5 Man. & Kyi. 1 88. (c) On an agreement to assign...
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