190 ASSIGNMENT OF CHOSES IN ACTION. [ART 8

1904. art. 8, sec. 2. 1888, art. 8, sec. 2. 1860, art. 9, sec. 2.
1830, ch. 165, sec. 2.

2. The equitable assignee of a judgment may issue scire facias in
his own name, to revive the same without administration upon the estate
of the legal plaintiff.

The assignee of a judgment need not recite In the sol. fa. that the assign-
ment was in writing. Bank of United States v. Lyles, 10 G. & J. 326.

The person to whose use a judgment has been entered, may prosecute a
sci. fa. Clark v. Digges, 5 Gill. 118.

An assignment may be not only by the original plaintiff in a judgment,
but also by any bona fide assignee. McAleer v. Young, 40 Md. 445; Kent v.
Somervell, 7 G. & J. 265.
See notes to sec. 1.

Ibid. sec. 3. 1888. art. 8. sec. 3. 1860, art. 9, sec. 3. 1829, ch. 51.
1830. ch. 165, sec. 3.

3. Any defendant may make the same legal or equitable defences
a? might or could have been had and maintained against the assignor at
the time of such assignment and before notice thereof, and to the same
extent.

The assignee of a non-negotiable chose in action takes it subject to all
legal and equitable defenses which the obligor has, unless the latter refuses
to give the assignee information when he requires it. Harwood v. Jones,
10 G. & J. 420. See also. Steele v. Sellman, 79 Md. 6; Timms v. Shannon.
19 Md. 314; Kemp v. McPherson, 7 H. & J. 336.

If the obligor pays the debt to the assignor without notice of the assign-
ment, he will be protected. Robinson v. Marshall, 11 Md. 255.

Only such claims can be set off against the assignee of a chose in action as
existed at the time of the assignment. Fustlng v. Sullivan, 51 Md. 496.

An assignment may be made not only by the original plaintiff in a judg-
ment, but also by any bona fide assignee. McAleer v. Young, 40 Md. 445.

This section, as well as the entire act, shows a purpose to extend the
right of action free from technical niceties, at the same time preserving the
rights of the debtor. Lucas v. Byrne, 35 Md. 495.

This section applied. Goldsborough v. Cradie, 28 Md. 487; Job v. Walker,
3 Md. 132.

Cited but not construed in Hampson v. Owens, 55 Md. 586.
As to the assignee of a claim against the state, see art. 95, sections 14
and 15.

Ibid. sec. 4. 1888, art. 8. sec. 4. 1860, art. 9, sec. 4. 1830. ch. 165, sec. 2.
1880. ch. 161, sec. 4.

4. When the legal plaintiff in any suit entered for the use of any
person shall die before or after judgment, the person for whose use the
same may be entered, or who may be entitled to the same, or his repre-
sentative, may prosecute the same to judgment and satisfaction, as if
the legal plaintiff had not died.

An assignment may be made not only by the original plaintiff in a judg-
ment, but also by any bona fide assignee. McAleer v. Young. 40 Md. 445.

Ibid. sec. 5. 1888. art 8. sec. 5. 1860. art. 9, sec. 5. 1763, ch. 23, sec. 7.

5. The surety in any bond or other obligation for the payment of
money or promissory note, or the endorser of any protested bill of
exchange, who shall pay or tender the money due thereon, whether the
whole be due or part has been previously paid, shall be entitled to an