| Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...which the note sued on was given. Section 26 of the act of 24th of April, 1873, provides that, " In the case of an assignment of a thing in action, the action...by the assignee shall be without prejudice to any discount, setoff or defense now allowed ; and when the assignment is not authorized by statute, the... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...in the name of the real party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the action...by the assignee shall be without prejudice to any defence existing at the time of the assignment ; but this section shall not apply to a promissory note_or... | |
| Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1849 - 710 pages
...plaintiffs and defendants. own names, without joining the parties for whose benefit the suit is instituted. In case of an assignment of a thing in action, the action is without prejudice to any set-off" or other defense existing before notice of the assignment ; but... | |
| Commerce - 1849 - 710 pages
...statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of an assignment of a thing in action, the action is without prejudice to any set-off or other defense existing before notice of the assignment ; but... | |
| New York (State). - Civil procedure - 1850 - 920 pages
...party in interest, except as otherwise provided in section 599. Amended Code, $111. § 598. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off or other defence existing at the time of, or before notice of,... | |
| Law - 1851 - 520 pages
...in the name of the real party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action...shall be without prejudice to any set-off or other defence existing at the time of or before notice of the assignment; but this section shall not apply... | |
| New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...associates, in the manner now provided by law. 72 § 112. [92.] Assignment of thing in action. — In the case of an assignment of a thing in action, the 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 ; but this section... | |
| Kentucky - Session laws - 1851 - 544 pages
...prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any discount, set-off, or defense now allowed. And where the assignment is... | |
| Kentucky - Law - 1851 - 548 pages
...prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any discount, set-off, or defense now allowed. And where the assignment is... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...It is quite clear this section includes negotiable paper of all kinds. The next section is, " In the case of an assignment of a thing in action, the action...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 to a negotiable... | |
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