Commentary

12 Assignments recognised in equity

CHOSES IN ACTION vol 7
| Commentary

12 Assignments recognised in equity

| Commentary

12 Assignments recognised in equity

The court of equity always recognised assignments of choses in action, and that the assignee might sue in his own name and in his own right, and, if necessary, might join the assignor as party to the suit, and where necessary might get leave to use the name of the assignor to sue in a court of law1.

Even in equity, however, it is impossible to assign a chose in action not yet in existence2. Nevertheless a contract for valuable consideration to assign a future chose in action if and when

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