The Principles of the American Law of Contracts At Law And in Equity
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In our eReader you can find the full English version of the book. Read The Principles of the American Law of Contracts At Law And in Equity Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Principles of the American Law of Contracts At Law And in Equity
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Davis, 2 Wash. 116, I *Mabry v. Memphis, 12 Heisk. 687. ^m. Dec. 482.
431 Digitized by VjOOQIC § 371 THE AS8IGMMENT OF THE CONTEACT. [PAET II.
the name of the real party in interest, thus adopting the doctrines of equity on the subject.* "The effect of our new code of practice, in abolishing the dis- tinction between law and equity, is to allow the assignee of a chose in action to bring suit in his own name in cases where by the com- mon law no assignment would be recognized. In this respect th...e rules of equity are to prevail, and the assignee may sue in his own name."* The test of whether a cause of action is assignable is, would it survive to the executors or administrators of the assignor in case of his death? If it would, it is as- signable. Therefore, all choses in action arising upon contract which were assignable in equity f all estates and interests in either chattels, lands or tenements;* or claims arising out of them,* are assignable under the statutes of the different States.
What to read after The Principles of the American Law of Contracts At Law And in Equity?
You can find similar books in the "Read Also" column, or choose other free books by Lawson, John Davison, 1852-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Davis, 2 Wash. 116, I *Mabry v. Memphis, 12 Heisk. 687. ^m. Dec. 482.
431 Digitized by VjOOQIC § 371 THE AS8IGMMENT OF THE CONTEACT. [PAET II.
the name of the real party in interest, thus adopting the doctrines of equity on the subject.* "The effect of our new code of practice, in abolishing the dis- tinction between law and equity, is to allow the assignee of a chose in action to bring suit in his own name in cases where by the com- mon law no assignment would be recognized. In this respect th...e rules of equity are to prevail, and the assignee may sue in his own name."* The test of whether a cause of action is assignable is, would it survive to the executors or administrators of the assignor in case of his death? If it would, it is as- signable. Therefore, all choses in action arising upon contract which were assignable in equity f all estates and interests in either chattels, lands or tenements;* or claims arising out of them,* are assignable under the statutes of the different States.
What to read after The Principles of the American Law of Contracts At Law And in Equity?
You can find similar books in the "Read Also" column, or choose other free books by Lawson, John Davison, 1852-1921 to read onlineMoreLess
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