 | Law reports, digests, etc - 1907 - 1282 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." But we are of the opinion that this contention Is untenable for the reason, as before stated,... | |
 | Appellate courts - 1908 - 848 pages
...defense to this action under section 5157 of Statutes of Minnesota 1894, which reads : "In the case of an assignment of a thing In action, the action...in good faith and upon good consideration, before due." They cite in support of their contention La Due v. First National Bank, 31 Minn. 33. 16 NW 426.... | |
 | North Carolina - Law - 1908 - 1482 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, B. 177; CCP, s. 55; 1874-5, e. 256. The real party in interest may sue and recover in his... | |
 | California - California - 1909 - 2106 pages
...before, notice of the assignment; but this section does not apply to a negotiable promissory note or Ы11 of exchange, transferred in good faith, and upon good consideration, before maturity. Hlntoryi Enacted March 11, 1872, founded upon I 5 of Practice Act. See Kerr's Cyc. CCP for 172 pars,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1266 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": Rev. Code Civ. Proc., see. 81. The thing in action in this case is not a negotiable promissory... | |
 | Ernest Wilson Huffcut - Negotiable instruments - 1910 - 914 pages
...at the time of or before notice of the assignment^ FuIFThls section does not apply to a negotiable note or bill of exchange 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... | |
 | Curtis Hillyer - Electronic books - 1912 - 1016 pages
...matured at time of assignment. § 3501. Assignment is Without Prejudice to Existing Defense. In the case of an assignment of a thing in action, the action...in good faith, and upon good consideration, before maturity.1 i Kerr's Cyc. CCP, sec. 368; 1907, sec. 3756; (Wyo.) Comp. Stats. (Nev.) Cutting's Comp.... | |
 | James Smith McMaster - 1906 - 832 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,... | |
 | Edson Read Sunderland - Civil procedure - 1913 - 780 pages
...the endorsement." But section 368 of the Code of Civil Procedure provides as follows: "In the case of an assignment of a thing in action, the action...faith and upon good consideration before maturity." These two sections must be construed as fhough they "had been passed at the same moment of time, and... | |
 | James Smith McMaster - 1908 - 800 pages
...defense to this action under section 5157 of Statutes of Minnesota 1894, which reads : " In the case of an assignment of a thing in action, the action...in good faith and upon good consideration, before due." They cite in support of their contention La Due v. First National Bank, 31 Minn. 33, 16 NW 426.... | |
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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... 
