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" ... law, so as to enable the assignee to sue in his own name for a breach thereof, was attributed by Coke to the "wisdom and policy of the founders of our law" in discouraging maintenance and litigation. "
The Canadian Law Times - Page 987
1908
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Cases Argued and Determined in the Court for the Trial of ..., Volume 2

New York (State). Court for the Trial of Impeachments and the Correction of Errors, George Caines - Law reports, digests, etc - 1807 - 376 pages
...defendant, who sold it to the plaintiff; that such notes were not negotiable by the laws of Massachusetts, so as to enable the assignee to sue in his own name, but that he could sue in the name of the original payee, and that if the payee released the suit or...
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A Compendious and Comprehensive Law Dictionary: Elucidating the Terms, and ...

Thomas Walter Williams - Law - 1816 - 1048 pages
...assigned ••er. Co. Lit. 214 Yet though a bond, being a chose in action, cannot be assigned over so as to enable the assignee to sue in his own name, yet he has by the assignment such a title to the par» r and wax that he may keep or cancel it. to....
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 1

Nathan Dane - Law - 1823 - 722 pages
...no protest." Many other cases shew, that inland bills were assignable independent of any statutes, so as to enable the assignee to sue in his own name, „ w . . though there no doubt was a time when the law merchant was son 109, Maviewed " as confined...
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Sheppard's Precedent of Precedents: Or One General Precedent for Common ...

Thomas Walter Williams - Conveyancing - 1825 - 596 pages
...rent, or the like : but although these chases in action cannot, in strictness of law, be assigned over so as to enable the assignee to sue in his own name ; yet he bus, by the assignment thereof, such a title to the paper and wax that he may keep or cancel...
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A Dictionary of the Practice in Civil Actions: In the Courts of ..., Volumes 1-2

Thomas Lee - Law - 1825 - 768 pages
...the obligee has assigned his internst in a bond. A bond being a choie in action, cannot be assigned so as to enable the assignee to sue in his own name thereon ; yet, following the precedents to be found in those compilations, the assignee of the interest...
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The Merchants' Law Book: Being a Treatise on the Law of Account Render ...

William Grimshaw - Commercial law - 1831 - 354 pages
...Nottfc M'C. 261. A note for a certain sum, " paper medium," is not assignable under the act of assembly, so as to enable the assignee to sue in his own name. — 1 M'Cord, 115. An endorsee of a note, who receives it after it has become due, takes it on the...
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A New Abridgment of the Law, Volumes 1-8

Matthew Bacon - Law - 1832 - 844 pages
...a.] Co. Lit. 238. But though a bond, being a chose in action, cannot be assigned (a) And by the over so as to enable the assignee to sue in his own name (a), yet modern prac- jj e jj as by t jj e assignment such a title to the paper and wax, that tice...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - Contracts - 1834 - 850 pages
...this doctrine, (which affords an exception to the general rule that a debt cannot be assigned at law so as to enable the assignee to sue in his own name (p)), has been recognised in subsequent cases. In such case, however, it seems necessary, in order...
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The Law-dictionary, Explaining the Rise, Progress, and Present ..., Volume 1

Sir Thomas Edlyne Tomlins - Law - 1835 - 854 pages
...or assigned over. Co. Lit. 214. But though a bond being a chose in action, cannot be assigned over so as to enable the assignee to sue in his own name, yet he has by the assignment such a title to the paper and wax, that he may keep or cancel it. Co....
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...(162). We have already seen that choses in action ex contracte are not in general jjiassignable at law, so as to enable the assignee to sue in his own name (m) ; When the the same rule also prevails in the case of injuries ex delicio either to the person,...
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