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" The holder of a Bill of Exchange or Promissory Note is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned subject to all the equity to which the original party was subject. If this rule applied to Bills... "
Reports of Cases Decided in the Court of Appeal [1876-1900]. - Page 58
by Ontario. Court of Appeal - 1881
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Reports of Cases Argued and Determined in the Court of King's ..., 1–2. köide

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813 - 1010 lehte
...in the case, but because it is important that general commercial points should be publicly decided. The holder of a bill of exchange, or promissory note,...considered in the light of an assignee of the payee [F] An assignee must take the thing assigned, subject to ail the equity to which the original parly...
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Reports of Cases Argued and Determined in the Court of ..., 115. osa,2. köide

Great Britain. Court of King's Bench - 1813 - 502 lehte
...but because it is important that general commercial points should be publicly decided. The bolder of a bill of exchange, or promissory note, is not to...considered in the light of an assignee of the payee [F]. An assignee must take the thing assigned, subject to all the equity to which the original party...
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A Digested Index to the Modern Reports, of the Courts of Common ..., 1. köide

Nicholas Baylies - 1814 - 576 lehte
...covenants, before he has taken actual possession. Walker v. Keeves. 2 Dang. 461. Au assignee takes the thing assigned, subject to all the equity to which the original was subject. Ibid. Dilfereuce between an under lease and an assignment. Ibid. 22 The assignee of a...
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Reports of Cases Argued and Determined in the Court of King's ..., 4. köide

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1821 - 754 lehte
...payment is restrained by a special indorsement. In Peacock v. Hhades, Douglas 636., Lord Mansfield says, " The holder of a bill of exchange, or promissory...and promissory notes, it would stop their currency." Again, he says, " I see no difference between a note indorsed in blank, and one payable to bearer."...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 lehte
...and the assignee puts the bond in suit for those breaches, it has been held to be maintenance (h), An assignee must take the thing assigned, subject...the equity to which the original party was subject (»'). The assignee of a term is bound, therefore, to perform all the covenants which are annexed to...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., 3. köide

Peyton Randolph, Virginia. Supreme Court of Appeals - 1828 - 760 lehte
...has placed them in England on the same high ground. Lord MANSFIELD says, (in Peacock v. Rhodes,) " The holder of a bill of exchange or promissory note, is not to be considered as the assignee of the payee. An assignee must take the thing assigned, subject to all the equity to...
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A General Abridgment and Digest of American Law: With Occasional ..., 3. köide

Nathan Dane - 1824 - 620 lehte
...note, has nothing to do with the whole transactions between the original parties ; and though the " assignee must take the thing assigned subject to all...the equity to which the original party was subject, yet if this rule applied to bills and promissory notes, it would stop their currency," unless the note...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 20. köide

New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 lehte
...head decided before him. Thus says he, in the case of a stolen note, Peacock v. Rhodes, 1 Doug. 636, " An assignee must take the thing assigned, subject...which the original party was subject. If this rule was applied to bills, it would stop their currency." Similar reasons are assigned for the same decision...
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The U.S. Law Cabinet

Isaac Ridler Butts - 1852 - 596 lehte
...perform the services and covenants mentioned in the lease, or save the assignor harmless therefrom.* An assignee must take the thing assigned, subject to all the equity to which the original party is subject, and must, therefore, perform all the covenants which are annexed to the estate. An assignee...
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Leading Cases in the Commercial Law of England and Scotland: Bills of ...

George Ross - 1853 - 932 lehte
...in the case, but because it is important that general commercial points should be publicly decided. The holder of a bill of exchange, or promissory note, is not to be considered in the light of ail assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which...
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