 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...as otherwise provided in section one hundred and thirteen, but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. The amendment in thie «ection is the insertion of the words at the end, printed in italic. In Kellogg... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...interest. ^w section one hundred and thirteen, but this section shall not Amended be deemed to authorise the assignment of a thing in action not arising out of contract. The payee of a promissory note endorsed the same, and placed it in the bank for collection, and the... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
..."r real parlIr one hundred and thirteen, but this section shall not be deemed "' mleiestto authorise the assignment of a thing in action not arising out of contract. $ 112. In the case of an assignment of a thing in action, AM^nthe action by the assignee shall be without... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...prosecuted in the name of the real party in interest, * * * * * but this section shall not be deemed to authorize the assignment of a thing in action, not arising out of contract." It is quite clear this section includes negotiable paper of all kinds. The next section is, " In the... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...otherwise provided |Jj* "'^p^L in section seventeen ; bat this section shall not be deemed ;n interest to authorize the assignment of a thing in action not arising out of a contract. SEO. 16. Jn case of an assignment of a thing in action, Assignment of the action of the... | |
 | New York (State) - Civil procedure - 1854 - 330 pages
...the plaintiffs cannot sustain this action. Section 111 is, by its express language, inapplicable to the assignment of a thing in action, not arising out of contract. As there could, therefore, be no express assignment of this claim, which grows out of a tort by the... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...costs." — Commiitioncre' lit Report. hundred and thirteen ; but this section shall not be demeed to authorize the assignment of a thing in action not arising out of contract. The amendment of 1851 ¡u this section is the insertion of the words at the end' printed in italic.... | |
 | Nathan Howard (Jr.) - Civil procedure - 1856 - 612 pages
...interest. But it also declares that such section " shall not be deemed to VOL. XI. 7 Hyslop agt. Randall. authorize the assignment of a thing in action not arising out of contract." This section was designed, not only to authorize, but to require, all causes of action which the law... | |
 | Civil procedure - 1856 - 598 pages
...prosecuted in the name of the real party in interest, but this section shall not be deemed to authorise the assignment of a thing in action not arising out of contract." That is to say, a thing in action, not arising out of contract, which was not assignable before this... | |
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Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. 
