 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 502 pages
...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... | |
 | Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...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... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 (ยป'). The assignee of a term is bound, therefore, to perform all the covenants which are annexed to... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1828 - 760 pages
...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... | |
 | Nathan Dane - Law - 1824 - 620 pages
...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... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 722 pages
...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... | |
 | Isaac Ridler Butts - 1852 - 596 pages
...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... | |
 | George Ross - Commercial law - 1853 - 932 pages
...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... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - Landlord and tenant - 1856 - 1138 pages
...An eviction out of part of the land will only amount to a discharge of an assignee pro tanto(.f)An assignee must take the thing assigned, subject to...the equity to which the original party was subject ; the assignee of a term is (b) Spruit v. Jc/enj, 5 Man. & Kyi. 1 88. (c) On an agreement to assign... | |
| |
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... 
