He who buys that which is not assignable at law, relying upon a court of chancery to protect and enforce his rights, takes it subject to all infirmities to which it is liable in the hands of the assignor; and the reason is, that equity will not lend itself... Reports of Cases Determined in the Appellate Courts of Illinois - Página 521de Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1911Visualização completa - Sobre este livro
| Illinois. Supreme Court - 1908 - 708 páginas
...to the same defenses that existed between the original parties. In that case it was said (p. 191) : "He who buys that which is not assignable at law,...him, if such right is intrinsically just of itself." In Buckler v. McConnick, 169 1ll. 269, it was said (p. 275) : "The purchaser knows from the papers... | |
| 1871 - 874 páginas
...Court of Chancery. His remedy is purely equitable, and seeking equity he must be willing to do equity. He who buys that which is not assignable at law, relying...all infirmities to which it is liable in the hands qf the assignor, and the reason is, that equity will not lend itself to deprive a party of a right... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - 1880 - 708 páginas
...111. 276; Hogden v. Guttery, 58 111. 431. The purchaser of a mortgage takes it subject, in equity, to all infirmities to which it is liable in the hands of the assignor: Olds v. Cummings, 31 111. 189; Fortier v. Darst, 31 111. 212; Sumner v. Waugh, 56 HI. 531. X Mr. J.... | |
| Leonard Augustus Jones - 1882 - 890 páginas
...circumstances, .will enforce, if it can be done without a violation of the equitable rights of others. He who buys that which is not assignable at law, relying...to which it is liable in the hands of the assignor. This is the view taken by the courts in Illinois,2 Ohio,3 and Oregon.4 In New Jersey it is provided... | |
| 1901 - 1148 páginas
...secures have separate and independent characters?" On page 211, 1 Colo., the opinion further says: "He who buys that which is not assignable at law,...deprive a party of a right which the law has secured, If such right is intrinsically Just in itself." The dissenting opinion of Judge Hallett vigorously... | |
| Richard Hallilay - 1884 - 678 páginas
...Eq. § 1047; Sm. Man. sect. 436.) Q.—Is the assignee of a chose in action bound by all the equities to which it is liable in the hands of the assignor, and why ? A.—He is so bound even without notice, unless the chose in action be a bill of exchange or... | |
| Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1888 - 706 páginas
...evidence, somewhat doubtful. In the loading case of Olds v. Cummings, 31 111. 188, it was held that he who buys that which is not assignable at law, relying...protect and enforce his rights, takes it subject to all the inlirm hies to which it would have been liable in the hands of the assignor; and it was further... | |
| George Washington Kirchwey - 1902 - 552 páginas
...and will not enforce it in his favor, if it ought not to be enforced in the hands of the assignor. He who buys that which is not assignable at law, relying...is intrinsically just of itself. OLDS V. CUMMINGS. sons, whoB§_rights, or even names, do not appear on the face jjf__the mortgage. And the reason is,... | |
| Colorado. Supreme Court - 1902 - 730 páginas
...Adm'r. which it secures have separate and independent characters?" On page 211 the opinion further says, "He who buys that which is not assignable at law relying...deprive a party of a right which the law has secured, if such right is intrinsically just in itself." The dissenting opinion of Judge Hallett vigorously... | |
| Henry Campbell Black - 1903 - 708 páginas
...the note) will be subject to the defenses and equities of the mortgagor, as stated.« It is said that he who buys that which is not assignable at law, relying...protect and enforce his rights, takes it subject to all the infirmities to which it would have been liable in the hands of the assignor. A promissory note,... | |
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