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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... "
Reports of Cases in Law and Equity, Determined in the Supreme Court of the ... - Page 495
by Iowa. Supreme Court - 1865
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

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...
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Hunt's Merchants' Magazine and Commercial Review, Volume 21

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...
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Merchants' Magazine and Commercial Review, Volume 21

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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

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,...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

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...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

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...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

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...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

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...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

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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