 | United States. Philippine Commission (1900-1916) - Law - 1901 - 846 pages
...assignment; but this last provision shall not apply to a negotiable promissory note, or a draft or a bill of exchange, transferred in good faith and upon good consideration before maturity. And an executor or administrator or legal representative of a deceased person, or a trustee of an express... | |
 | Oregon - Law - 1902 - 1036 pages
...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...transferred in good faith and upon good consideration before due. [L. 1862 ; D. Cd. § 28 ; HC §28.] EFFECT OF ASS1GNMENT OF CHOSES 1NACT1ON UPON DEFENSES THERETO.... | |
 | John Norton Pomeroy - Actions and defenses - 1904 - 1164 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 assignment...transferred in good faith and upon good consideration before maturity."4 ;> When the action is brought by the assignee of a claim arising out of contract not assigned... | |
 | Charles A. Willard - Civil law - 1904 - 134 pages
...assignment; but this last provision shall not apply to a negotiable promissory note, or a draft or a bill of exchange, transferred in good faith and upon good consideration before maturity." The provision as to promissory notes and bills of exchange is inconsistent with this Article 1198 and... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1905 - 762 pages
...actual notice of the assignment ? Section 571 of the Code of Civil Procedure provides: "In the case of an assignment of a thing in action, the action...faith and upon good consideration, before maturity." This section was considered by this court, and construed in connection with sections 690, 691, 692,... | |
 | M. E. Dunlap (Counsellor at law) - Law - 1905 - 620 pages
...to any set-off or defense existing at the time of or before notice of the assignment, but this rule does not apply to a negotiable promissory note or...transferred in good faith and upon good consideration before due. 6. The Code permits other than the real party in interest to sue in the following cases. An executor,... | |
 | North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 pages
...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...in good faith, and upon good consideration, before due. Code, s. 177; CCP, s. 55; 1874 5, c. 256. 401. Who may Sue for penalties. Where a penalty may... | |
 | California - Civil procedure - 1906 - 1130 pages
...of an assignment of a thing in action, the action by the assignee is without prejudice to any setofl or other defense existing at the time of, or before,...faith and upon good consideration, before maturity. En. March 11, 1872. Cal. Rep. Clt. 56, 129; 65, 438; 66, 42; 76, 636; 81, 327; 101, 288; 101, 289;... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1906 - 1144 pages
...of an assignment of a thing in action, the action by the assignee is without prejudice to any setofT or other defense existing at the time of, or before,...faith and upon good consideration, before maturity." This section was considered by this court, and construed in connection with sections 690, 691, 692,... | |
 | Robert Emmet Bunker - Negotiable instruments - 1906 - 716 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...transferred in good faith and upon good consideration before due." The effect of this statute, clearly, is to place an overdue bill or note upon the same footing... | |
| |
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... 
