LIBRARY OF THE LELAND STANFORD, JR., UNIVERSITY 57,645 LONDON: PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C. PREFACE. Ir has been said that there is no other species of property with which Courts and lawyers are more frequently called upon to deal than choses in action. One illustration in support of this will suffice. There has been no century comparable with the present for the conduct of business upon collective and co-operative lines. And the limitation. of liability provided by statute has given the greatest impetus to the formation of an infinite variety of enterprises, commercial and otherwise, into companies which are at once commanding and progressive, and afford increased facility for the investment of an incredible amount of capital representing a great multitude of interested individuals. And when it is remembered how incessantly and increasingly the Courts are invoked to decide upon company matters, the claims of shareholders, the conduct of directors, the rights of companies and the general control or disposal of their affairs, and that company law is but one branch of choses in action, it will be needless to enlarge upon the importance of the subject of this work. The author has treated at some length the subject of assignability in equity with a view to showing how wide and varied is the scope of equitable jurisdiction. He has also thought fit to illustrate assignment by statute in order to point out that while important results were effected by the Judicature Act, 1873, particular choses in action were being made transferable before that enactment, and the transfer of others has been provided for since the operation of that Act. To the Judicature Act one Book has been specially devoted, and it is hoped that the collection of cases cited and suggestions made therein, together with the "matters affecting particular persons" and the division on Practice, may prove to be of some service. Judgments in cases, and the weighty authority of many text-writers, have been reproduced throughout verbatim, and the references given in each instance. The author is indebted to the learned writers and editors of every authority which he has cited in this work, and not least of all to the careful industry of the law reporters; whilst his special thanks are personally due to the learned Recorder for Winchester, Dr. W. BLAKE ODGERS, Q.C., for his kindly interest in the progress of this work, and for his calling attention to several cases of paramount importance. 2, HARE COURT, TEMPLE, E.C. June, 1899. WALTER R. WARREN. |