...assignee, Cutter. The fifth section of the Practice Act is as follows : " In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defence existing at the time of or before notice of the assignment." The question presented, though...

...section 28 of the Civil Code of this State, which reads as follows: " In the case of an assignment of a thing in action, the action by the assignee shall...good faith and upon good consideration before due." The counsel has cited a number of cases from the different States in which a similar provision of statute...

...the Code of Civil Procedure provides: "In a case of an assignment of a thing in action, the action of the assignee shall be without prejudice to any setoff...good faith and upon good consideration before due." It was error, therefore, to shut off the defendant, TB Braddy, from establishing his alleged defenses....

...party" from whom they take, but no greater. The statute declares: "In the case of an assignment of a thing in action the action by the assignee shall be...any set-off or other defense existing at the time or before notice of the assignment" Section 5222, Rev. Codes 1S99; Merrill v. Hurley, 6 SD 601, 62...

...Laws, which provided that, "in case of an assignment of a thing in action, the action of an assignor shall be without prejudice to any set-off or other...at the time of or before notice of the assignment," and which simply expressed what was the equitable doctrine of assignments in the absence of a statute....

...or other defence existing at the time of or before notice of the assignment ; but this section does not apply to a negotiable promissory note or bill...transferred in good faith and upon good consideration before maturity."4 ;> When the action is brought by the assignee of a claim arising out of contract not assigned...

...an assignment of a thing in action, the action by the assignee is without prejudice to any setroff or other defense existing at the time of, or before, notice of the assignment ; but this section does not apply to a negotiable instrument, transferred in good faith and upon a valuable consideration,...

...section 133 of the Code of Civil procedure of 1902 provides that, " in the case of the assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defenses,- existing at the time of, or before notice of, the assignment ; but this section shall not...

...person, at the time of the delivery of such grant or other conveyance. In the case of an assignment of a whwwwxwywzw I Code, s. 177; CCP, s. 55; 1874 5, c. 256. 401. Who may Sue for penalties. Where a penalty may be imposed...

...real party in interest, except as otherwise prescribed. "Par. 681. In the case of an assignment of a thing in action, the action by the assignee shall...at the time of, or before notice of the assignment. ..." The statute is plain that every action shall be prosecuted in the name of the real party in interest,...