...an assignment of a thing in action, the action by the assignee is without prejudice to any set off 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 faitli and upon good consideration, before...

...Daniel, Neg. List. sec. 780.) The statute further provides that : "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. " (Comp. Laws, sec. 1068.) "Every action shall be prosecuted in the name of the real party in interest."...

...etc. Married woDefense, by wife. Infant. Guarilinn. 3027. SEC. 5. ' In the case of an assignment of a thing in action, the action by the assignee shall...promissory note, or bill of exchange, transferred in good fuith, and upon good consideration, before due. 3028. SEC. G. An executor or administrator, or trustee...

...stated a sufficient defense. 2. Burns' Ann. St. 1901, § 277, provides that all actions by assignees shall be without prejudice to any set-off or other...at the time of or before notice of the assignment, except actions on negotiable instruments transferable in good faith before due; and section 7517 declares...

...existing at the 1309 OF CIVIL ACTIONS. time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill...in good faith, and upon good consideration, before maturity. these authorities is plain and imperative. The assignee need not be the legal owner of the...

...Cranch, 34; Kinsman v. Pnrkhuist, tana, sec.6; Minnesota, sec. 27; Ne- 18 Hnw. 289; Timms v. Shannon, 19 without prejudice to any set-off or other defense...at the time of or before notice of the assignment, which would have been available to the defendant had the action been brought in the name of the assignor.1...

...appellant cites section 31 of our Civil Code, which is as follows: "In the case of the assignment of a thing in action, the action by the assignee shall...without prejudice to any set-off or other defense now allowed; but this section shall not apply to negotiable bonds, promissory notes, or bills of exchange,...

...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...at the time of or before notice of the assignment." The question presented, though a new one in thia state, has been twice passed upon in New York: Countryman...

...depositor's claim against the bank, the action, under section 133 of the Code of Civil Procedure, would be without prejudice to any set-off or other defense...at the time of or before notice of the assignment This last section, It Is true, does not apply to a negotiable promissory note or bill of exchange,...

...action. Section 2760 of the Revision of 1860, expressly declares, that " in case of an assignment of a thing in action, the action by the assignee shall...prejudice to any set-off or other defense existing before notice of the assignment": See also sec. 2880, cl. 6, and sec. 1796. Since the decision of this...