Chose - Law Dictionary Search Results
Home Dictionary Name: choseChose
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...
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 ...
chose in action
chose in action see chose ...
chose in possession
chose in possession see chose ...
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....
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....
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 ...
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 ...
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...
Dearle v. Hall
Dearle v. Hall. The rule which takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment, Ryall v. Rowles, 1 Ves Sess 348. Before 1926 the rule was that the priority of equitable assignments of debts and other choses in action was determined by priority in date of notice to the trustees or other owners of the legal interest in the property assigned, see Ward v. Duncombe, 1893 AC 369. The rule did not extend to equitable interests in land except to proceeds of land held on trust for sale, see Lloyd's Bank v. Pearson, (1901) 1 Ch 685, and QUI PRIOR EST TEMPORE POTIOR EST JURE. S. 137 of the Law of Property Act, 1925, has extended the rule to dealings with equitable interests in land, capital money (see s. 205(1)(xxvi.) of the Act), and securities representing capital money effected after 1925. To effect priority among competing assi...
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