Chose In Action - Law Dictionary Search Results
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Chose in action
Chose in action, embraces all rights of a kind enforceable only by action not by possession, Torkington v. Magee, (1902) 2 KB 427, Halsbury's Laws of England, Vol. 4(1), para 653, p. 295....
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
right of action
right of action 1 : a right to begin and prosecute an action in the courts (as for the purpose of enforcing a right or redressing a wrong) 2 : chose in action at chose ...
chose
chose [Anglo-French, literally, thing, from Old French, from Latin causa legal case, reason, cause] : a piece of personal property chose in action : a right to something (as payment of a debt or damages for injury) that can be recovered in a lawsuit ;also : a document (as a check or stock certificate) embodying such a right chose in possession : something that is in one's actual possession or can be possessed ...
reduce
reduce re·duced re·duc·ing 1 : to make smaller 2 a : to convert (a chose in action) into a chose in possession [enforcement action sought to to possession her property interest in the…determination of money damages "Haynes v. Contat, 643 N.E.2d 941 (1994)"] b : to convert by enforcement through litigation [may his claim to judgment, foreclose or otherwise enforce the security interest "Uniform Commercial Code"] re·duc·ibil·i·ty [-dü-sə-bi-lə-tē, -dyü-] n re·duc·ible [-dü-sə-bəl, -dyü-] adj re·duc·ibly adv re·duc·tion [ri-dək-shən] n reduce to practice : to cause to undergo reduction to practice ...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Bill of Exchange
Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...
Choses in action
Choses in action, or things in action in the literal sense means things recoverable by suit or action at law as contrasted with things or choses in actual physical possession, 2 Bl Com (14th Edn.) 396, Halsbury's Laws of England, Vol. 35, para 1205, p. 728....
Assignment
Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)]'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)]A transfer of an estate or interest in property. The usual operative verb is 'assign,' but any other word indicating an intention to make a complete transfer, e.g., 'convey,' will amount to an assignment.Assignment by Lessor or Lessee, Effect of. A lessor, notwithstanding assignment of his reversion, continues liable to his lessee on covenants running with the land, Stuart v. Joy, 1904 (1) KB 362, and so does a lessee to his lessor, notwithstanding assignment of his term, Barnard v. Godscall, (1613) Cro. Jac. 309. The assignee of a term is liable equally with the lessee (though the lessor cannot recover against both) during his possession, but unle...
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