 | California - Civil procedure - 1923 - 952 pages
...App. 692, 200 Pac. 733. 9 368. ASSIGNMENT OF THING IN ACTION NOT TO PREJUDICE DEFENSE. In the case encement of the work, or of the furnishing of the material Enacted March 11, 1872, founded upon S 5 of Practice Act. 9 369. EXECUTOR, TRUSTEE, ETC., MAY SUE WITHOUT... | |
 | California - Civil procedure - 1923 - 600 pages
...except as provided in section three hundred and sixty-nine of this code.— 1880-63. 368. In the case of an assignment of a thing in action, the action...faith and upon good consideration, before maturity. 369. An executor or administrator, or trustee of an express trust, or a person expressly authorized... | |
 | Law reports, digests, etc - 1925 - 1624 pages
...set-off or other defense existing at the time or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill...transferred in good faith and upon good consideration before due." Under this statute, the right to set off one judgment against another, if otherwise proper subject-matter... | |
 | Law reports, digests, etc - 1917 - 930 pages
...rights of the contractor, and section 368 of the Code of Civil Procedure is in point: "In the case of an assignment of a thing in action, the action...that the Western Mortgage and Guaranty Company should hold twelve thousand five hundred dollars of the said final payment under the contract for the protection... | |
 | Law reports, digests, etc - 1912 - 968 pages
...plaintiff acquired the note on December 29th. Section 368 of the Code of Civil Procedure provides: "In the ease of an assignment of a thing in action,...faith, and upon good consideration, before maturity." In the case of St. Louis Nat. Bank v. Gay, 101 Cal. 286, [35 Pac. 876], the court said: "These two... | |
 | Guam, John A. Bohn - Civil procedure - 1970 - 466 pages
...NOTE: See Rule 17, FRCP.] § 368. Assignment of thing in action not to prejudice defense. In the case of an assignment of a thing in action, the action...faith, and upon good consideration, before maturity. [Enacted 1953.] § 369. Executor, trustee, etc., may sue without joining the persons beneficially interested.... | |
 | South Dakota. Supreme Court - Court rules - 1908 - 742 pages
...other defense existing at the time of, or before notice of, the assignment: but this section sha!I not apply to a negotiable promissory note or bill...in good faith, and upon good consideration, before due." Rut we are of the opinion that this contention is untenable for the reason, as before stated,... | |
 | Minnesota. Supreme Court - Law reports, digests, etc - 1878 - 612 pages
...The statutes of our state provide that "in case of an assignment of a thing in action, the action of the assignee is without prejudice to any set-off,...in good faith and upon good consideration, before due." Gen. Stat., ch. 66, § 27, p. 453. The defendant claims that the effect of this statute is to... | |
 | New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...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, the...in good faith, and upon good consideration, before due. Amended Code, § 112. § 599. An executor or administrator, a trustee of an express trust, or... | |
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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; but this section does not apply to a negotiable promissory... 
