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" 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 defense existing at the time of, or before, notice of the assignment... "
The American Insolvency Reports: Containing Full Reports of All the Most ... - Page 43
edited by - 1883 - 517 pages
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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
...section is, " 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 defense...at the time of, or before notice of, the assignment ; but this section shall not apply to a negotiable promissory note, or bill of exchange transferred...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...assignment of a thing in action, the action 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 to a negotiable promissory note or bill of exchange, transferred in...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...thing in action, the action by the assignee shall be without prejudice to set-off or other defence existing at the time of, or before notice of the assignment. The only exception made is that of a negotiable promissory note, or bill of exchange, transferred in good...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...assignment of a thing in action, the action, by the assignee shall be without prejudice to any set-oft' mander-in-chief of the army or navy, unless nine states assent to the same : n ; but this section shall not applyto a negotiable 'promissory note, or bill of exchange, transferred...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1858 - 320 pages
...Sand., 52. 5. 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 defense,...at the time of, or before notice of the assignment ; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 pages
...Sand. 52. 5. 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 defense,...at the time of, or before notice of the assignment : but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred...
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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 - 1860 - 716 pages
...includes an assignee,, section 112 of the code saves the rights of a defendant to avail himself of any " set-off or other defense existing at the time of or before notice of the assignment." I suppose a defendant may now avail himself of any defense, legal or equitable, which he may have to...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

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 - Law reports, digests, etc - 1861 - 590 pages
...approved June 18, 1852. Section 6 provides, among other things, that " all actions by assignees shall be without prejudice to any set-off or other defense...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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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...plaintiff. SEC. 5. In the case of an assignment of the thing in action, the action by the assignee shall be without prejudice to any set-off or other defense,...at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...plaintiff. SEC. 5. In the case of an assignment of the thing in action, the action by the assignee shall be without prejudice to any set-off or other defense,...at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred...
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